Dular Mahto @ Dulam Mahto @ Dulan Mahto @ Dularo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49901 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

DULAR MAHTO @ DULAM MAHTO @ DULAN MAHTO @ DULARO MAHTO Son of Late Kailu Mahto Resident of Village- Chilhai, Khirjarchak, P.S. Teghra, District- Begusarai. 2.

Mithilesh Mahto @ Mehra Mahto @ Methra Mahto @ Methra Son of Anil Mahto Resident of Village- Chilhai, Khirjarchak, P.S. Teghra, DistrictBegusarai. 3.

Anil Mahto Son of Late kailu Mahto Resident of Village- Chilhai, Khirjarchak, P.S. Teghra, District- Begusarai. 4.

Dharmbir Mahto @ Kari Mahto @ Kari @ Dharmbir Kumar Mahto Son of Arun Mahto Resident of Village- Chilhai, Khirjarchak, P.S. Teghra, DistrictBegusarai. 5.

Sadanand Mahto Son of Ashok Mahto Resident of Village- Chilhai, Khirjarchak, P.S. Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner Nos. 2, 3 & 5 as they have been arrested during the pendency of this application.

This application with respect to petitioner Nos. 2, 3 & 5 is dismissed as withdrawn.

Petitioner Nos. 1 and 4 seek bail in anticipation of their arrest in connection with Teghra P.S. Case No. 180 of 2019

Patna High Court CR. MISC. No.49901 of 2019(2) dt.09-08-2019 2/3 registered for the offences under Sections 448, 341, 323, 504, 384, 385, 324, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution story is that petitioners along with other accused persons came and abused the informant and demanded Rs. 1 lac as extortion and on the order of Anil Mahto all the accused persons started firing and specific allegation is against Munna Mahto of firing on Dilip Kumar Yadav, who anyhow saved and thereafter villagers assembled there and they fled away making indiscriminate firing.

Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and there is counter version also as petitioners' side lodged a case and at the time of occurrence he was at Teghra Police Station.

Heard learned APP, who has opposed the prayer for anticipatory bail.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. However, if petitioners surrender and pray for regular bail, the same shall be considered on the basis of materials against the petitioners and, if possible, to be disposed

Patna High Court CR. MISC. No.49901 of 2019(2) dt.09-08-2019 3/3 of on the same day Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T