Arjun Mahto @ Arjun Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63211 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- RASULPUR District- Saran ====================================================== Arjun Mahto @ Arjun Kumar Mahto Son of Gauri Shankar Mahto R/o villaged - Dewpura, P.s. - Rasulpur, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashwat Pratyush, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 The matter was heard through Hybrid proceeding.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 148, 149, 447, 325, 504, 324, 379, 506 of the Indian Penal Code and Section 25(1-b), 26 and 35 of Arms Act.

4. According to prosecution case, the allegation against the petitioner and other co-accused person is of assaulting the son of the informant on the day when his Tilak function was going on and of looting money from the possession of the informant and others.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that

Patna High Court CR. MISC. No.63211 of 2023(2) dt.19-10-2023 2/2 both parties are neighbours and belongs to same caste and community. Similarly situated co-accused persons, namely, Dilip Ram, Krishna Ram, Arvind Kumar, Amarnath Ram and Nitish Kumar has been enlarged on anticipatory bail by the Court below itself and another co-accused, namely, Chandrama Ram has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 09.12.2022 passed in Cr. Misc. No.50068 of 2022. Petitioner has no criminal antecedent as mentioned in para-4 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rasulpur P.S. Case No.162 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T