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Patna High CourtCR. MISC./83674/2023disposed

Ramashish Mahto v. The State Of Bihar

2024-04-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83674 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Ramashish Mahto Son Of Sri Yogendra Mahto 2.

Ram Chandra Mahto @ Ram Chandra Singh Son Of Sri Yogendra Mahto 3.

Yogendra Mahto @ Yogendra Kumar Singh Son Of Late Ganeshi Mahto All Resident Of Village- Murhaddi, Chhotaki Tol, P.S. Babubarhi, DistrictMadhubani. 4.

Shankar Kumar @ Shankar Kumar Singh S/O Upendra Mahto Resident Of Village- Donwari Teghra, P.S. Babubarhi, District- Madhubani 5.

Rahul Kumar S/O Upendra Mahto Resident Of Village- Donwari Teghra, P.S. Babubarhi, District- Madhubani 6.

Santosh Kumar Mhto Son Of Sri Rameshwar Mahto Resident Of VillageBabubarhi, P.S. Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar Mr. Jitendra Kumar Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioners, learned APP for the State along with learned counsel for the informant.

2. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2 & 3.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.2 & 3.

5. The petitioners seek bail in anticipation of his arrest

Patna High Court CR. MISC. No.83674 of 2023(5) dt.08-04-2024 2/3 in a case registered for the offences punishable under Sections 147, 148, 341, 324, 323, 325, 307, 354(B), 379 and 504 of the Indian Penal Code.

6. It is next submitted that petitioner no.1 has antecedent of four cases, petitioner nos.4, 5 & 6 have antecedent of one case and are on bail. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that as far as petitioner no.1, 4, 5 & 6 are concerned the allegation of assault against them is general and omnibus in nature.

7. The learned APP along with learned counsel for the informant opposes the anticipatory bail application, but then the learned counsel appearing on behalf of the informant fairly submits that allegation against the petitioners are general and omnibus in nature.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioner no.1, 4, 5 & 6 abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Jhanjharpur, Madhubani in

Patna High Court CR. MISC. No.83674 of 2023(5) dt.08-04-2024 3/3 connection with Laukaha (Lalmania) P.S. Case No.165 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T