Patna High CourtCR. MISC./55202/2016bail granted

Munna Mahto And ORS v. The State Of Bihar

2017-01-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55202 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Munna Mahto Son of Late Brahmdeo Mahto

2. Abhishek Kumar

3. Avinash Kumar

4. Amit Mahto Petitioner Nos. 2 to 4 are Sons of Munna Mahto All residents of Village Ratanpur, P.S. Surajgarha, District Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha No.-2 For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Surjgarha Police Station Case No. 205 of 2016 registered for the offences punishable under Sections 341, 452, 323, 325, 308, 504, 379 and 34 of the Indian Penal Code.

There is specific allegation of assault against the petitioner no. 1 and 2. Therefore, I do not feel it proper to grant privilege of anticipatory bail to the petitioner nos.1 and 2. So far as petitioner nos. 3 and 4 are concerned, it is only stated that they were also present on the place of occurrence

Patna High Court Cr.Misc. No.55202 of 2016 (2) dt.12-01-2017 2/2 and except the aforesaid allegation, there is nothing against them. Accordingly, petitioner nos. 3 and 4, above named, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Surjgarha Police Station Case no.205 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner nos. 1 and 2 above named, are concerned, their prayer for anticipatory bail stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioners.

(Hemant Kumar Srivastava, J) N.K/- U