Sanjay Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9739 of 2017 Arising Out of PS.Case No. -1114 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Sanjay Mahto, Son of Jang Bahadur Mahto, R/o Village- Pachharwa, P.S. Case No.- Mejarganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramadhar Mahto, Son of Late Thakur Mahto, R/o Villagek- Pachharwa, P.S. Case No.- Mejarganj, District- Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

It appears that initially Majorganj P. S. Case no. 169 of 2012 was registered under Sections 302 and 201/34 of the Indian Penal Code against three named accused. The petitioner is not named in the F.I.R. After investigation the police submitted final form. Thereafter, petitioner has been named in the protest petition filed in the case, on the basis whereof Complaint Case no. C1-1114 of 2013 is going on. It appears that some other co-

Patna High Court Cr.Misc. No.9739 of 2017 (2) dt.16-03-2017 2/2 accused have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. no. 40036 of 2016. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Shahi, learned Judicial Magistrate, Ist class, Sitamarhi,/successor court in connection with Protest-cum-Complaint Case No. C1-1114 of 2013 (Trial no. 299 of 2016) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) sudip/- U T