Pannalal Mahto @ Pannalal Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.754 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== PANNALAL MAHTO @ PANNALAL MAHATO SON OF LATE DHARIKSHAN MAHTO R/O VILLAGE- SABEYA KHURD, P.S.- CHANPATIYA (SIRISIYA O.P.), DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376(D) 376 (A) and 34 of the Indian Penal Code read with Sections 4 and 6 of the POCSO Act, Section 81 of the J.J.B. Act and Section 67(A)(B) of the I.T. Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is identically situated like Dheeraj Mahato who was granted regular bail vide order dated 10.02.2022 in Cr. Misc. No. 44833 of 2021. It is next submitted that thereafter accused similarly situated like Dheeraj Mahato, namely, Anil Mahato was granted anticipatory
Patna High Court CR. MISC. No.754 of 2022(3) dt.10-08-2022 2/3 bail by order dated 20.07.2022 in Cr. Misc. No. 50946 of 2021 and Raju Mahato was also granted anticipatory bail by order dated 20.07.2022 in Cr. Misc. No. 57661 of 2021. Learned counsel thus submits that since petitioner is also similarly/identically situated like the aforesaid accused persons, as such the petitioner also deserves to be released on anticipatory bail. Learned counsel further submits that the Court in the case of Dheeraj Mahato had considered the present F.I.R. in detail and even the Superintendent of Police and the Investigating Officer of the case were directed to be present virtually and thereafter regular bail was granted to him. Learned A.P.P. for the State does not dispute the fact that co-accused have been granted regular and anticipatory bail.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Chanpatiya (Sirisiya O.P.) P.S. Case No.
Patna High Court CR. MISC. No.754 of 2022(3) dt.10-08-2022 3/3 down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T