Bisheshwar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45969 of 2017 Arising Out of PS. Case No.-180 Year-2016 Thana- SARAI RANJAN District- Samastipur ======================================================

1. Bisheshwar Mahto Son of Late Basanti Mahto

2. Ram Briksh Mahto S/o Timal Mahto

3. Jathu Mahto S/o Bisheshwar Mahto

4. Manish Mahto S/o Raghunath Mahto

5. Rajesh Mahto S/o Timal Mahto

6. Timal Mahto S/o Late Basanti Mahto All residents of Village - Musapur, P.S. Sarairanjan, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raja Ram Mishra For the Opposite Party/s :

Mr. PRANAV KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sarairanjan Police Station Case No. 180 of 2016, disclosing offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

From the First Information Report, it appears that there is allegation against co-accused Bisheshwar Mahto, who has already been arrested by the police during the pendency of this application, of assault with farsha.

As regards petitioner nos. 2 to 6, the allegation is

Patna High Court Cr.Misc. No.45969 of 2017(4) dt.22-12-2017 2/2 apparently general and omnibus.

It is stated in paragraph 3 of the application that petitioner nos. 2 to 6 have no criminal antecedent.

Considering the above submission, this application is allowed.

Let the petitioner nos. 2 to 6, namely, Ram Briksh Mahto, Jathu Mahto, Manish Mahto, Rajesh Mahto and Timal Mahto, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Sarairanjan Police Station Case No. 180 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √