Ranjeet Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76026 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

RANJEET MAHATO S/O Heera Mahato, aged about 26 years, Gender, Male 2.

Dindyal Mahato @ Dindeyal Kumar, S/O Lalan Mahato, aged about 21 years, Gender, Male 3.

Bipin Mahato @ Bipin Kumar, S/O Balam Mahato, aged about 20 years All R/O village- Parsauni, P.S.- Sidhwalia, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 341, 323, 325, 307, 504/34 of the Indian Penal Code.

Informant has alleged that on 17.08.2019 at 8 a.m., Ranjeet Mahato (petitioner), Bishwakarma Mahato, Dindyal Mahato (petitioner), Bipin Mahato (petitioner), Bikarma Mahato, Balam Mahto, Girija Devi and Suganti Devi came at his shop and there is specific allegation against Ranjit Mahto of abusing and also throwing his shop articles and it is further

Patna High Court CR. MISC. No.76026 of 2019(2) dt.26-11-2019 2/3 alleged that Ranjit Mahto assaulted on head of informant by Dab causing head injury and when his wife came to save him, she was also assaulted and her Mangal Sutra was snatched and Bikarma Mahato took away the money from the chest of the shop.

As there is specific allegation against petitioner no.1, Ranjeet Mahato of abusing and assaulting the informant, I am not inclined to grant petitioner no.1, Ranjeet Mahato anticipatory bail. Hence, the prayer for bail of the petitioner no.1 Ranjeet Mahato is hereby rejected.

However, since there is no specific allegation against petitioner no.2, Dindyal Mahato alias Dindeyal Kumar and petitioner no.3, Bipin Mahato alias Bipin Kumar, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sidhwalia P.S. Case No.153/19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.76026 of 2019(2) dt.26-11-2019 3/3 immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3) If the 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. (S. Kumar, J) Sanjay/- U T