Chhattu Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21276 of 2018 Arising Out of PS.Case No. -154 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Chhattu Mahto, S/o Ram Nath Mahto,

2. Pancham Mahto, S/o Ram Lagan Mahto,

3. Kara Mahto, S/o Ram Babu Mahton,

4. Pawan Mahto, S/o Ram Eqwal Mahto,

5. Chandan Mahto @ Salgam, S/o Ram Dayal Nisad @ Ram Dayal Mahto,

6. Anjan Kumar (brother of Panchaam Mahton), S/o Ram Lagan Mahton, All are Resident of Nathupur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Fatuha P.S. Case No. 154 of 2016 for the offences punishable under sections 144, 341, 323, 337, 338, 353, 427 and 290 of the I.P.C. Allegedly, due to death of Sita Devi by dashing from the tractor the petitioners and other FIR named accused persons along with 50-60 persons came at the place of occurrence, brought the dead body of the deceased and blocked N.H-30 road. They were making slogans against the police administration and further

Patna High Court Cr.Misc. No.21276 of 2018 (2) dt.27-04-2018 2/2 they damaged the vehicles passing through N.H-30. They also pelted brick bats on the police constables causing injury. Submission is of false implication and that there is no specific allegation against the petitioners, no injury has been caused to any one, the petitioners have been made victim of the circumstances, they have got no criminal antecedents and as such they deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, considering that there is no specific allegation against the petitioners and as such they, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 Smt. Savita Rani, J.M, Patna City in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T