Luxmi Mahto @ Luchai Mahto And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.55471 of 2018 (2) dt.06-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55471 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -KORMA District- SEKHPURA ======================================================
1. Luxmi Mahto @ Luchai Mahto, S/o Late Jhaman Mahto,
2. Kailash Mahto S/o Luxmi Mahto @ Luchai Mahto,
3. Anandi Mahto S/o Luxmi Mahto @ Luchai Mahto,
4. Pitamber Mahto S/o Luxmi Mahto @ Luchai Mahto,
5. Mahesh Mahto S/o Luxmi Mahto @ Luchai Mahto,
6. Dharo Mahto S/o Kailash Mahto, All are R/o Vill.- Korma, P.S.- Korma, Distrct- Sheikhpura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitionersand learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 337, 307, 379, 504, 506/34 IPC and Section 27 of the Arms Act registered in connection with Korma P.S. Case No. 50 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the accusations are general and omnibus in nature. The accusation of firing has not been corroborated as no fire arm injury has been caused to any person. Similarly situated coaccused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 53053 of 2018. The petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.55471 of 2018 (2) dt.06-10-2018 circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Korma P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T