Suryadeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54360 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== 1.
Suryadeo Mahto, Son of Govind Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 2.
Sushil Mahto, Son of Govind Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 3.
Umesh Mahto, Son of Govind Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 4.
Umashankar Mahto, Son of Govind Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 5.
Sangita Devi, Wife of Suryadeo Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 6.
Chhabila Mahto, Son of Narayan Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 7.
Narayan Mahto, Son of Dukha Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 8.
Mahendra Mahto, Son of Bhakti Singh, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 9.
Harishchandra Mahto (wrongly written in the FIR as Harichand Mahto), Son of Visheshwar Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 10.
Rajiv Mahto, Son of Sahdeo Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 11.
Bathu Sah, Son of Late Ramlakhan Sah, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 12.
Rakesh Raut, Son of Kamlesh Raut, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 13.
Niras Mahto, Son of Birju Mahto, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 14.
Pulendra Raut @ Phulendra Raut, Son of Ram Chandra Raut ,Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 15.
Arun Raut, Son of Manjhi Raut, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi 16.
Sanjay Kumar, Son of Tej Narayan Sah, Resident of Village - Parihar, P.S. - Parihar, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
Patna High Court CR. MISC. No.54360 of 2019(2) dt.30-08-2019 2/3 For the Petitioner/s :
Mr.Prabhat Kumar For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Parihar P.S. Case No. 85 of 2019, registered under Sections 147, 149, 109, 151, 341, 323, 326 and 353 of the Indian Penal Code.
The accusation is that on receiving information about occurrence of Marpit in between two groups due to land dispute, the informant along with other police personnel reached at village Parihar, where Sushil Kumar Singh, Suryadeo Matho and villagers were present there. The petitioners and 10 others named in the F.I.R. started to give pressure to hand over persons present in the house of Ram Ekbal Singh and attacked on the police personnel and created disturbance in discharging their official duty and they also damaged the motorcycle. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. along with 10 others but no specific overt act has been attributed against them. The petitioners have no criminal antecedent. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.54360 of 2019(2) dt.30-08-2019 3/3 case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Sitamarhi, in connection with Parihar P.S. Case No. 85 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T