Patna High CourtCR. MISC./33088/2014bail granted

Navin Mahto And ANR v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33088 of 2014 Arising Out of PS.Case No. -22 Year- 2014 Thana -TIKAPATTI District- PURNIA ======================================================

1. Navin Mahto, Son of Devan Mahto

2. Mahesh Mahto, Son of Devan Mahto, Both residents of village - Goriyar Bargharia Tola, P.S. - Tikapatti, District - Purnea .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Pawan Kumar For the Opposite Party : Mr. B.N.Pandey (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioners are facing allegation under Section-307, 147, 148, 149, 341, 323, 324, 325, 354, 456 and 379 of I.P.C. in connection with Tikapatti P.S. Case No.22/2014, on the file of learned Chief Judicial Magistrate, Purnea.

Apprehending arrest, the petitioners filed A.B.P. No.539/2014 in the court of learned Sessions Judge, Purnea.

The learned Judge rejected the application through order dated 15.7.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.33088 of 2014 (2) dt.04-02-2015 2/2 One thing which impresses this Court is that the final report was submitted by the police and it is stated that the petitioners have no role to play in the crime. At any rate, this is a matter to be dealt with by the trial court at the stage of hearing. As such, the Court is convinced that the petitioners deserve to be granted anticipatory bail. The application is allowed. In the event of arrest, the petitioners are directed to be released on bail upon furnishing the bailbonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Takapatti P.S.

Case No.22/2014, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U