Awadhesh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44903 of 2018 Arising Out of PS.Case No. -490 Year- 2018 Thana -SONEPUR District- SARAN ======================================================
1. Awadhesh Mahto, aged about 63 Years S/o Late Jai Govind Mahto,
2. Dheeraj Mahto @ Dheeraj Kumar Patel, aged about28 Years S/o Shri Awadhesh Mahto,
3. Ramesh Mahto aged about 52 Years S/o Shri Ganesh Mahto,
4. Vinay Mahto @ Vinay Kumar , aged about 39 Years S/o Shri Ganesh Mahto, All Residents of Vill.- Sultanpur (Bajrang Chowk), P.S.- Sonpur, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Ravish Mr. G.K. Agrawal Mr. Kashyap Kaushal For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Sonpur P.S. Case No. 490/2018, instituted for the offences punishable under Sections 147, 148, 149, 353, 332, 333, 283, 341, 323, 337, 307 and 120B of the Indian Penal Code.
In the written report, it is alleged that on account of death of one Jugnu Mahto in a road accident his family members along with 300 to 400 people caused obstruction in official duty of police.
Learned counsel for the petitioners has submitted that
Patna High Court Cr.Misc. No.44903 of 2018 (2) dt.08-08-2018 2/2 there is general and omnibus allegation against these petitioners. From the written report itself it appears that local people has disclosed the name of various persons including the petitioners. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sonpur P.S. Case No. 490/2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi U T