Anil Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11502 of 2018 Arising Out of PS.Case No. -597 Year- 2017 Thana -BIHTA District- PATNA ======================================================
1. Anil Mahto aged about 27 years S/o Sri Bridendra Mahto
2. Katiman Mahto @ Sadhu Sharan Prasad aged about 55 years, S/o Late Pokhan Mahto @ Rameshwar Mahto
3. Bunty Mahto @ Bunty Kumar aged about 34 years, S/o Sri Katiman Mahto @ Sadhu Sharan Pd.
4. Anuj Mahto @ Anju Mahto aged about 45 years
5. Sanoj Kumar @ Sanjay @ Sanjay Mahto aged about 38 years
6. Mangar Mahto @ Chhotelal Mahto @ Chhotelal Prasad @ Chhotelal Mahto aged about 44 years.
7. Chhote Mahto @ Chhotu @ Monu Kumar aged 20 years S/o Sri Chhotan Mahto @ Chhotan Prasad
8. Mithun Kumar @ Mithun Mahto aged as about 21 years
9. Santosh Kumar @ Santosh Mahto, aged about 18 years. Both aforesaid 8 and 9 are S/o Sri Mangar Mahto @ Chhotelal Mahto @ Chhotelal Prasad
10. Biru Kumar aged as about 22 years S/o Sri Vijay Mahto @ Yogendra Mahto
11. Subodh Mahto @ Subodh Kumar aged about 18 years S/o Sri Sajan Mahto, all are resident of village Raghopur, P.S. Bihta, Dist.-Patna .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Tarun Prasad Mandal CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.
The petitioners apprehend their arrest in Bihta P.S. Case No.597/2017, registered under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.11502 of 2018 (2) dt.27-02-2018 2/3 The informant Mintu Kumar named the petitioners and alleged that they all came to his house and abused him and started assaulting him. Anil Mahto assaulted the informant with iron rod on his head, causing bleeding injury.
Learned counsel for the petitioners submits that the petitioners are co-sharer of the informant. The case has already been compromised.
Considering the fact that there is no specific allegation of assault against petitioners nos.2 to 11. Accordingly, petitioners nos. 2 to 11, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged 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 A.C.J.M.-I, Danapur, Patna in connection with Bihta P.S. Case No.597/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as petitioner no.1 is concerned, he is alleged to have assaulted the informant with iron rod on his head, causing bleeding injury and the petitioner has not filed any injury report. Therefore, I am not inclined to enlarge the petitioner no.1 namely
Patna High Court Cr.Misc. No.11502 of 2018 (2) dt.27-02-2018 3/3 Anil Mahto on anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Prabhat Kumar Jha, J) Amit/- U T