Jhun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70256 of 2019 Arising Out of PS. Case No.-526 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.
Jhun Mahto S/o Late Rohan Mahto, R/o villageMahmadpur/Mohammadpur, P.S.- Naubatpur, Distt.- Patna 2.
Mukesh Kumar S/o Ganauri Mahto, R/o villageMahmadpur/Mohammadpur, P.S.- Naubatpur, Distt.- Patna ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramji Kumar, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners in the present case are seeking regular bail in connection with Naubatpur P.S. Case No. 526 of 2019 registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 332, 143, 333, 353 and 302 of the Indian Penal Code.
Learned counsel for the petitioners submits that there are general and omnibus allegations against 150-200 persons of committing assault on the deceased taking him as a child thief, there being no specific allegation against these petitioners and similarly situated co-accused have been granted regular bail by
Patna High Court CR. MISC. No.70256 of 2019(2) dt.04-12-2019 2/3 the learned Co-ordinate Benches of this Court in various applications of similar nature and the petitioners are in custody since 10.08.2019.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case, wherein there are general and omnibus allegations against 150200 persons of committing assault on the deceased taking him as a child thief, there being no specific allegation against these petitioners and similarly situated co-accused have been granted regular bail by the learned Co-ordinate Benches of this Court in various applications of similar nature and the petitioners are in custody since 10.08.2019, the investigation is complete, let the petitioners above named be released on bail in connection with Naubatpur P.S. Case No. 526 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur, Patna, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence
Patna High Court CR. MISC. No.70256 of 2019(2) dt.04-12-2019 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) vats/ved U T