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Patna High CourtCR. MISC./70430/2022partly allowed disposal

Lallu Mahto @ Lalu Mahto v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70430 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Lallu Mahto @ Lalu Mahto S/O Keshwar Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

2.

Lalan Mahto S/O Keshwar Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

3.

Chandan Mahto S/O Keshwar Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

4.

Ram Pravesh Mahto S/O Keshwar Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

5.

Keshwar Mahto S/O Late Parichhan Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

6.

Manjit Mahto S/O Late Narsingh Mahto Resident Of Village - Bela, P.S.- Chhaurdano, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Learned counsel for the petitioners submits that the petitioner nos. 1, 5 and 6 have been apprehended by the police, therefore, he seeks permission to withdraw this application with regard to petitioner nos. 1, 5 and 6.

Permission is granted.

Accordingly, this application with regard to petitioner nos. 1, 5 and 6 have been dismissed as withdrawn. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of

Patna High Court CR. MISC. No.70430 of 2022(2) dt.30-01-2023 2/3 bail with regard to rest of the petitioners.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 379, 420, 406, 467, 468, 471, 452, 427, 506, 511, 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that dispute is of purely civil nature but the informant had lodged this criminal case. He submits that there is specific allegation against the co-accused. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner nos. 2, 3 and 4 have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners 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 bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.70430 of 2022(2) dt.30-01-2023 3/3 learned court below where the case is pending/successor court in connection with Chauradano P.S. Case No. 47 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T