Patna High CourtCR. MISC./43914/2018bail granted

Karu Mahto And ANR v. The State Of Bihar

2018-07-26Mr. Justice Vinod Kumar Sinha2 pages

zIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43914 of 2018 Arising Out of PS.Case No. -30 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Karu Mahto, S/o Ram Pukar Mahto, R/V- Bindgama, P.S.- Patori (Mohanpur O.P.), District- Samastipur.

2. Arbind Mahto S/o Late Achhewar Mahto, R/v Dumari, P.S.- Patory (Mohanpur P.O.), District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Patory ( Mohanpur O.P.) P.S.Case No. 30 of 2016, registered for offences punishable under Sections 147, 341, 323, 353 and 504 of the Indian Penal Code.

Allegation against the petitioners is that these petitioners kept the dead body of a person, who died in a road accident and to protest the administration, they allegedly caused road blockade.

Submission of the learned for the petitioners is that the petitioners have been falsely implicated in this case and there is no any specific allegation against the petitioners, except that

Patna High Court Cr.Misc. No.43914 of 2018 (2) dt.26-07-2018 2/2 they are only members of mob and the petitioners have no criminal antecedents. It is further submitted that the similarly situated co-accused persons have already been granted anticipatory bail vide a Co-ordinate Bench of this Court vide order dated 12.07. 2017 passed in Cr. Misc. No. 31080 of 2017. Learned A.P.P. opposes he prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrender be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each to the satisfaction of learned Chief Judicial Magistrate, Samasipur in connection with Patory (Mohanpur O.P.) P.S.Case No. 30 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T