Umesh Mahara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50118 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- LADANIA District- Madhubani ====================================================== 1.

UMESH MAHARA Son of Sri Sahdeo Mahara, Resident of Village - Bhutha, P.S.- Ladaniya, Dist.- Madhubani.

2.

Mahesh Mahara Son of Sahdeo Mahra, Resident of Village - Bhutha, P.S.- Ladaniya, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ladania P.S. Case No. 57 of 2019 registered for offence punishable under sections 341, 323, 307, 325, 379, 504, 506/34 of the Indian Penal Code. Allegation has been made against petitioner no. 1 to have caused injury to the son of informant by Farsa and against petitioner no. 2, allegation has been made that he assaulted the daughter of informant by lathi.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner no. 2 is allowed and he, in

Patna High Court CR. MISC. No.50118 of 2019(2) dt.09-08-2019 2/2 the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Madhubani in connection with Ladania P.S. Case No. 57 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

So far petitioner no. 1, his prayer for bail is rejected. However, if he surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision on its own merit, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T