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Patna High CourtCR. MISC./52900/2015bail granted

Ajay Kumar Mahto And ORS v. The State Of Bihar

2015-12-15Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52900 of 2015 Arising Out of PS.Case No. -158 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Ajay Kumar Mahto

2. Raju Mahto Both sons of Thakur Mahto

3. Lallu Mahto

4. Binod Mahto Both sons of Sundar Mahto All are residents of Village - Maheshpur, Police Station - Mojahidpur (Babarganj), District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecution for the State.

The petitioners apprehend their arrest in connection with Mojahidpur (Babarganj) P.S. Case No.158 of 2015 for the offences punishable under Sections 147, 148, 149,448, 342, 323, 307, 379 and 506 of Indian Penal Code.

Mr. Indeshwari Prasad, learned counsel for the petitioners with reference to the F.I.R. present at Annexure-1 submits that the allegation of assault on the accused is omnibus and the allegation of theft is ornamental in nature. He submits that the F.I.R. is outcome of the dispute going on in between the parties and who are in litigating terms and related to each other.

Patna High Court Cr.Misc. No.52900 of 2015 (3) dt.15-12-2015 2/2 Having heard learned counsel for the parties and considering the nature of allegation so set out in the F.I.R., let the petitioners namely, (1) Ajay Kumar Mahto, (2) Raju Mahto, (3) Lallu Mahto and (4) Binod Mahto in the event of their arrest/surrender within four weeks from today, be released on bail upon each of them furnishing individual bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 158 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) Bibhash/- U T