Ganesh Mahto @ Ganesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29928 of 2017 Arising Out of PS.Case No. -495 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Ganesh Mahto @ Ganesh Prasad, son of Sheo Bachan Mahto, resident of Village - Mauna Ahirtoli, P.S. - Chapra Town, District - Saran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends arrest in connection with Chapra Town, P.S. Case no. 495 of 2016 registered for the offence punishable under Sections 447, 307, 386, 504, 506 and 120-B of the Indian Penal Code.

The informant in his written report has alleged that on 25.10.2016, two accuseds namely, Guddu Mahto and Raja came at his house in the night at about 10:30 P.M. and demanded Rangdari to the tune of Rs. 1.5 lacs. The said accuseds along with other again came at his house on 29.10.2016 and asked as to why their demand was not fulfilled. They were armed with deadly weapons and on the alarm of the informant, a large number of local people assembled. Thereafter, the accused persons resorted to firing

Patna High Court Cr.Misc. No.29928 of 2017 (3) dt.14-07-2017 2/3 causing injury to one of the villagers who was moved to hospital for treatment.

Learned counsel for the petitioner submits that this petitioner is the father of main accused (Guddu Mahto) and he has no concern with the affairs of his son. He has been made accused as he is father of the Guddu Mahto. The allegation of causing fire arm injury is against Guddu Mahto. The petitioner is aged about 62 years old and he teaches the students for his livelihood. The petitioner has clean antecedent and so he deserves anticipatory bail.

Learned APP, on the other hand, opposed the submissions. On perusal of the written report, it appears that the petitioner and the informant are resident of same village. Allegation of demand of Rangdari and causing fire arm injury is against Guddu Mahto, who is son of this petitioner. The Annexure-2 shows that this petitioner is residing separately from his son. There is no antecedent against this petitioner. Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed. The petitioner above named, in the event of arrest/surrender within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.29928 of 2017 (3) dt.14-07-2017 3/3 learned A.C.J.M.-12, Saran, Chapra in connection with Chapra Town P.S. Case No. 495 of 2016, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure. (Sanjay Kumar, J) rohit/- U T