Niraj Mahto @ Neeraj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67075 of 2023 Arising Out of PS. Case No.-158 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.
NIRAJ MAHTO @ NEERAJ MAHTO SON OF NANDLAL MAHTO VILLAGE SEMARIYA DURGASTHAN, PS- RIVILGANJ, DISTTSARAN @ CHAPRA 2.
RAJAN MAHTO @ RANJAN MAHTO SON OF RAJ KISHOR MAHTO VILLAGE SEMARIYA DURGASTHAN, PS- RIVILGANJ, DISTTSARAN @ CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-10-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Revilganj P.S. Case No. 158 of 2021, registered for offence punishable under sections 147, 148, 149, 447, 341, 323, 504, 332, 333, 353, 307, 427 of the Indian Penal Code.
3. As per FIR, on the date of occurrence, at about 7:00 P.M, co-accused, namely, Aman Singh and Aniket Singh along with 10-15 persons came to the police station and enquired about the action taken by the police against the accused of Revilganj P.S. Case No. 157 of 2021. On which, the informant
Patna High Court CR. MISC. No.67075 of 2023(2) dt.19-10-2023 2/3 asked that they are raiding for the arrest of the accused on which, they went back and again at about 10.20 P.M., 27 named along with 100 unknown persons having armed with Lathi and Danda came to the police station and attacked the police personnel present there. The miscreants also damaged the vehicle of the police station.
4. The learned counsel for the petitioners has submitted that the members of defense side had filed Revilganj P.S. Case No. 157 of 2021 and in that case, the police was avoiding arrest of those accused persons and when the members of the petitioners side went to the police station to inquire about the reason for not arresting the accused persons, they have falsely been implicated in this case. He has submitted further that the other co-accused persons on similar grounds have been granted anticipatory bail, vide orders dated 07.07.2022 and 28.07.2022 passed in Cr. Misc. No. 54051 of 2021 and Cr. Misc. No. 5818 of 2022 respectively.
5. On the other hand, the learned APP has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed
Patna High Court CR. MISC. No.67075 of 2023(2) dt.19-10-2023 3/3 to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Revilganj P.S. Case No. 158 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) A.K.V.//- U T