Mohan Mehta @ Mohan Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42627 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -BIHRA District- SAHARSA ======================================================

1. Mohan Mehta @ Mohan Mahto Son of Late Kushai Mahto

2. Bhutai Choudhary Son of Ramji Choudhary

3. Bauka Sah Son of Late Jagdish Sah All are residents of village Rahua, Police Station Bihra, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Smt. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 147, 148, 149, 454, 380, 427 of the Indian Penal Code. The petitioners are not named in the FIR. The informant made allegation that the FIR named accused persons broke the lock of his house, while the informant was away for treatment of his wife, and looted different house hold articles and ornaments.

It is submitted that name of the petitioners came in the statement of co-accused Lalan Mahto from whose house some articles are said to have been recovered. Lalan Mahto confessed his guilt and disclosed the name of the petitioners. It is submitted

Patna High Court Cr.Misc. No.42627 of 2015 (4) dt.07-12-2015 2/2 that nothing has been recovered from the possession of the petitioners. The petitioners have no criminal antecedent. It is submitted that since the daughter of the informant was married to a boy of his own clan that is why his own agnates have committed the offence.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri V. N. Prasad, learned Judicial Magistrate, Saharsa in Bihra P.S. Case No. 190 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T