Yogendra Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1804 of 2015 Arising Out of PS.Case No. -275 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Yogendra Mahto Son of Ram Bali Mahto

2. Hare Ram Mahto Son of Sheo Mangal Mahto, Both Residents of Village - Shahpur, P.S. - G.B. Nagar, District - Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Md.Fahmuddin, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Maharajganj G.B. Nagar P.S. Case No. 275 of 2014 registered for the offences punishable under Sections 147, 148, 224, 341, 342, 323, 307, 353, 337, 427, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of the S.C./S.T. (Prevention of Atrocities) Act.

The prosecution story is that the informant Nathuni Prasad Ram, A.S.I. lodged a written report alleging therein that on 24.09.2014 he was on a drive for arresting absconded accused in a government jeep along with Police Officers and Chowkidar. He stated that he was Inquiry Officer of G.B.Nagar P.S. Case No. 153 of 2014 and just when he came at the door of Shambhu Mahto, then the accused along with other unknown lady under conspiracy abused in the name of caste and started throwing stones and brickbating the informant with lathi, danda. Hare Ram Mahto one of the

Patna High Court Cr.Misc. No.1804 of 2015 (3) dt.06-05-2015 2/2 petitioners along with other co-accused started assaulting the informant in which Chowkidar, Tarkeshwar Sah was badly injured and the police jeep was also destroyed.

From the perusal of the case diary, it appears that no injury report has been submitted. The other co-accused Shambhu Mahto has been enlarged on anticipatory bail in Anticipatory Bail Petition No. 2242 of 2014 by the learned Sessions Judge, Siwan. The allegations against the petitioners are similar. Let the above named petitioners be enlarged on anticipatory bail in the event of their arrest or surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj G.B. Nagar Police Station Case No. 275 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Vats/- U T