Bengali Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41086 of 2018 Arising Out of PS.Case No. -324 Year- 2017 Thana -JAMUI District- JAMUI ======================================================
1. Bengali Mahto, Son of Late Ganauri Mahto,
2. Arun Mahto, Son of Jago Mahto,
3. Vikash Mahto @ Vikash Kumar, Son of Bengali Mahto,
4. Vinay Mahto @ Bipin Mahto @ Bipin Kumar, Son of Arjun Mahto,
5. Kapildeo Mahto @ Kapil Mahto, Son of Prayag Mahto,
6. Kedar Mahto, Son of Sitaram Mahto,
7. Shiva Mahto @ Sidhang Mahto, Son of Late Jago Mahto, All are resident of Village- Lohra, Police Station and District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jamui Police Station Case No. 324 of 2017, disclosing offences under Sections 147, 148, 337, 307, 153A and 295 of the Indian Penal Code.
Prosecution case is that police on information that two community were pelting stones on each other apprehended some persons and it is alleged that they tried to disrupt the harmony between two communities.
Learned Counsel for the petitioners has submitted
Patna High Court Cr.Misc. No.41086 of 2018 (2) dt.17-07-2018 2/3 that large number of persons have been made accused in this case and no specific allegation has been attributed to the petitioners rather only general and omnibus allegation has been leveled against them.
Having heard both sides, in view of the above facts., let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 324 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:- I.
One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
II.
The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before
Patna High Court Cr.Misc. No.41086 of 2018 (2) dt.17-07-2018 3/3 the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T