Raja Babu Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48955 of 2018 Arising Out of PS. Case No.-115 Year-2017 Thana- RAXAUL District- East Champaran ======================================================

1. Raja Babu Mahto son of Laxandeo Mahto,

2. Chotelal Mahto son of Gorakh Mahto,

3. Gorakh Mahto, son of Gulchand Mahto, All residents of VillageSenwariya, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Raxaul P.S. case no. 115 of 2017 instituted for the offence under Section(s) 341, 323, 307, 452, 380 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is specific allegation in the written report of assault against co- accused Laxandeo Mahto and Lal Babu Mahto. There is no specific allegation of assault against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.48955 of 2018(2) dt.24-08-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Raxaul P.S. case no. 115 of 2017, 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 SDJM, Raxaul, East Champaran at Motihari subject to the conditions as laid down under Section 438(2) 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) shyambihari/- U