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Patna High CourtCR. MISC./68933/2021bail granted

Lalan Mahto @ Lalan Prasad v. The State Of Bihar

2022-06-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68933 of 2021 Arising Out of PS. Case No.-424 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

LALAN MAHTO @ LALAN PRASAD S/O LATE BHULAN MAHTO R/o village- Dardha, P.S.- Sakra, District- Muzaffarpur 2.

RAMESH RAI S/O SHIVJI RAI R/o village- Dardha Paisra, P.S.- Sakra, District- Muzaffarpur 3.

SUJIT KUMAR S/O BHARATLAL SAH R/o village- Mahmadpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within four weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 353, 332, 448, 506, 504, 505 of the Indian Penal Code. The petitioners alongwith other accused persons blocked the road by keeping the dead body of deceased. The

Patna High Court CR. MISC. No.68933 of 2021(2) dt.06-06-2022 2/3 police officials reached and requested them to vacate the road, but the accused persons became aggrieved and began to assault and make scrimmage with the police.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case due to dirty village politics. He further submits that there is no any specific allegation attributed against the petitioners, rather, the allegations are general and omnibus in nature. The co-accused have been granted bail by Co-ordinate Bench of this Court vide order dated 19.05.2022 passed in Cr. Misc. No.39104/2021. He further submits that the petitioners have no criminal antecedent, as stated at para 3 of the bail application.

Learned APP for the State vehemently opposed the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XII, Muzaffarpur, in connection with

Patna High Court CR. MISC. No.68933 of 2021(2) dt.06-06-2022 3/3 Sakra P.S. Case No. 424/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Chandra Prakash Singh, J) amitkumar/- U T