Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6882 of 2021 Arising Out of PS. Case No.-159 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.

AJAY MAHTO Son of Lalan Mahto Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran.

2.

Lalji Mahto Son of Late Jhapas Mahto Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran.

3.

Rajesh Mahto Son of Makdum Mahto Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran.

4.

Pintu Mahto @ Pintu Kumar Son of Shambhu Mahto Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran. 5.

Chhotan Sharama Son of Mangaru Sharma Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran.

6.

Sudama Mahto @ Sudama Kumar Son of Nandu Mahto Resident of Village - Baswariya, P.s.- Lauriya, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Sanjeev Kumar, learned Advocate for the petitioners and Mr. Nityanand Tiwary, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Lauriya P.S. Case No. 159 of 2019 dated 21.09.2019 instituted for the offences under Sections 147, 149, 341, 323, 188, 288, 353, 504 and

Patna High Court CR. MISC. No.6882 of 2021(2) dt.14-12-2021 2/3 427 of the Indian Penal Code.

The police party which had gone to evict the encroachment were attacked by the persons who were summoned by one Sadhu Sharma. The petitioners are also alleged to be the members of the mob which had pelted stones on the police party, resulting in simple injuries to three of the constables. Several persons have been made accused in this case. The name of the petitioners has been taken only because of the fact that they are associated with aforesaid Sadhu Sharma in some way or the other.

Learned counsel for the petitioners has further submitted that similarly situated persons have been granted anticipatory bail by different Benches of this Court, some of which orders have been brought on record by way of Annexure-2 series.

Regard being had to the aforesaid facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.6882 of 2021(2) dt.14-12-2021 3/3 within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 159 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T