Radheshyam Mahto @ Radheshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65053 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

RADHESHYAM MAHTO @ RADHESHYAM KUMAR Son of Wakil Mahto Resident of Village- Barajairam, P.S.- Chiraiya, District- East Champaran 2.

MOHAN KUMAR @ MOHAN MAHTO Son of Wakil Mahto Resident of Village- Barajairam, P.S.- Chiraiya, District- East Champaran 3.

PAWAN KUMAR Son of Late Ratan Mahto Resident of VillageBarajairam, P.S.- Chiraiya, District- East Champaran 4.

MOST. SUNARPATI DEVI @ MOST.SUNARPATI Wife of Late Ratan Mahto Resident of Village- Barajairam, P.S.- Chiraiya, District- East Champaran 5.

WAKIL MAHTO Son of Yogeshar Mahto Resident of Village- Barajairam, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioners apprehend their arrest in connection with Chiraiya P.S. Case No.215 of 2022, registered for the offences punishable under Sections 147, 149, 148, 341, 323, 324, 307, 452, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioners alongwith other co-accused

Patna High Court CR. MISC. No.65053 of 2022(2) dt.17-01-2023 2/3 persons indiscriminately assaulted the informant's side by means of several weapons due to which they sustained injuries. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that no such occurrence, in the manner as alleged, has ever been taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners by submitting that the petitioners are also involved in the present case.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Sikrahna, Dhaka in connection with Chiraiya P.S.

Patna High Court CR. MISC. No.65053 of 2022(2) dt.17-01-2023 3/3 Case No.215 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T