Dharmendra Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71750 of 2018 Arising Out of PS. Case No.-336 Year-2017 Thana- BAKHARI District- Begusarai ======================================================
1. Dharmendra Mahto, S/o Bishundeo Mahto.
2. Krishnandan Kumar, S/o Upendra Mahto.
3. Manoj Kumar @ Manoj Mahto, S/o Bishundeo Mahto.
4. Ramashray Kumar, S/o Bishundeo Mahto.
5. Lalan Kumar, S/o Sanichar Mahto.
6. Deepak Kumar, S/o Mahavir Mahto.
7. Rajiv Kumar, S/o Jagarnath Mahto.
8. Mantun Mahto, S/o Jagdambi Mahto.
9. Lalo Mahto, S/o Bhagwat Mahto.
10. Santosh Mahto @ Santosh Kumar, S/o Ram Karan Mahto. 11.Gauri Shankar Mahto, Son of Baldeo Mahto.
12. Raj Kumar Mahto, S/o Sanjay Mahto.
13. Bauwa Mahto, S/o Prabhu Mahto.
14. Laxman Mahto, Son of Hareram Mahto.
15. Bauwa Mahto, Son of Brahmdeo Mahto.
16. Chandan Mahto Son of Bhatu Mahto.
17. Santosh Mahto @ Santosh Kumar Mahto, Son of Laxmi Mahto.
18. Arun Mahto, Son of Ramchandra Mahto.
19. Bino Mahto, Son of Late Sarug Mahto.
20. Pato Mahto @ Paro Mahto, Son of Pacho Mahto.
21. Bhushan Mahto, Son of Suresh Mahto.
22. Pankaj Mahto @ Pankaj Kumar, Son of Duliyan Mahto. All Resident of Village-Madhuwa,P.S. Bakhari,Distt.-Begusarai. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Arjun Prasad, Advocate.
For the Opposite Party :
Mr. Braj Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case
2/4 for the offence registered under Sections 147, 148, 149, 341, 323, 504, 506, 509, 152, 307, 337, 332, 353, 427, 380 and 436 of the IPC.
The prosecution story, in brief, is that on 13.12.2017 at 8.05 A.M. the informant has received an information through Mobile by the present Mukhiya Suryakant Paswan of Ghaghara Panchayat is that Ram Chandra Mahto of Karkauli Village has been shot fired by Bhushan Mahto and in injured condition, he has been brought to Gangraho Chowk and no any vehicle is available upon which the informant on Government Jeep alongwith armed forces proceeded for place of occurrence. The Chowkidar informed that people from the side of injured persons started to set fire and also committed loot. Thereafter, he reached at Village- Karkauli. Seeing the police, the antisocial elements became aggressor and started to damage Fire Control Vehicle. Upon which, informant informed to his superior thereafter nearby P.S.
3/4 driver of Fire Control Vehicle.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Altogether 27 persons are named in the F.I.R. including the petitioners alongwith 100 unknown persons. General and omnibus allegation has been made against the petitioners. No specific overt act has been alleged against the petitioners. No specific injury is attributed against the petitioners. Other co-accused persons have been granted anticipatory bail by this Court vide Cr. Misc. No. 66761 of 2018 order dated 01.11.2018.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- V, Begusarai, in connection with Bakhari P.S. Case No. 336 of
4/4 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T