Sukat Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55830 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- HARSIDHI District- East Champaran ======================================================
1. Sukat Mahto, S/o Kauden Mahto,
2. Krishna Mahto S/o Sukat Mahto,
3. Shatrudhan Mahto S/o Sukat Mahto, All are R/o Vill.- Mathlohiar, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar No.1 For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Harsidhi P.S. Case No. 99 of 2018 dated 27.03.2018 instituted for the offences under Sections 147, 148, 149, 323, 354(B), 379, 386 and 308 of the Indian Penal Code.
Mr. Anshuman Singh, learned counsel for the petitioners, after drawing the attention of this Court to the averments made in the F.I.R., has submitted that no specific allegation has been levelled against these petitioners, who are father and two sons respectively. The F.I.R. has been
Patna High Court Cr.Misc. No.55830 of 2018(3) dt.10-12-2018 2/3 lodged against several persons with the allegation of entering in the house of the informant and taking away valuables.
It has further been submitted on behalf of the petitioners that there is a reason for falsely implicating the petitioners. Prior to the present occurrence, a cousin of one of the accused persons, namely, Sanjay Mahto was killed by the family members of the informant, for which Harsidhi P.S. Case No. 5 of 2018 was instituted for the offence under Section 302 of the I.P.C.
It has further been submitted that reading the F.I.R., even between the lines, no offence under Section 354(B) or 386 I.P.C. can at all be said to be made out. Lastly, it has been submitted that with respect to the same occurrence, the local police has come out with a different version of the case.
Taking into account the aforesaid facts as also that the petitioners have clean antecedents, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below
Patna High Court Cr.Misc. No.55830 of 2018(3) dt.10-12-2018 3/3 within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Harsidhi P.S. Case No. 99 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U