Gopi Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38554 of 2018 Arising Out of PS.Case No. -148 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Gopi Mahto, son of Heera Mahto

2. Md. Imtiyaz @ Md. Imtiyaz Ahmad @ Md. Imtiyaz Khan

3. Faizi Mian

4. Gauhar Khan All sons of Md. Hassan, resident of Nabi Nagar Kakrar, Police Station- Ariyari, District- Sheikhpura.

5. Mukesh Mahto son of Ramdeo Mahto

6. Dinesh Mahto son of Late Sukhdeo Mahto Both resident of Vidyapur, Police Station- Ariyari, District- Sheikhpura.

7. Kishori Mahto, son of Ganauri Mahto, resident of Hussainabad, Police Station- Ariyari, District- Sheikhpura.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Petitioners apprehend their arrest in connection with Ariyari P.S. Case No. 148 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 427, 379 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioners is that they have assaulted the informant.

Submission of learned counsel for the petitioners is that there is general and omnibus allegation against all the petitioners and a large number of cases are going on between the parties. It is further submitted that petitioners Nos. 1, 6 and 7 have no criminal antecedent.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail stating that all the petitioner except petitioner No.7 have criminal

Patna High Court Cr.Misc. No.38554 of 2018 (2) dt.02-07-2018 2/2 antecedents and in paragraph-3 of the petition criminal antecedent has not been mentioned regarding petitioners Nos. 1 and 6. Having heard both sides and in the facts and circumstances, let the petitioner No.7, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sheikhpura, in connection with Ariyari P.S. Case No. 148 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioners Nos. 1 to 6 are concerned, in the facts and circumstances, they should surrender and make prayer for regular bail, which shall be considered on its own merit and disposed of, if possible, on the same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U