Chandeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5610 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Chandeshwar Mahto, Son of Late Bhagirath Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran. 2.

Chandrawati Devi, Wife of Chandeshwar Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran. 3.

Suresh Mahto, Son of Ramsurat Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran.

4.

Suman Mahto, Son of Chandeshwar Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran.

5.

Prabha Devi, Wife of Suresh Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran.

6.

Rajan Mahto, Son of Chandeshwar Mahto, Resident of Village - Koirgama, P.S.- Rajepur, Distt - East Champaran.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sangeet Deokuliar, Advocate For the Respondent/s :

Mr.Binay Krishna, Spl P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-12-2019 Heard learned counsel for the appellants and the learned counsel appearing on behalf of the State. This appeal is directed against the order dated 27.11.2019 passed in A.B.A. No.3212 of 2019 (Arising out of Rajepur P.S. Case No.133 of 2019), whereby and whereunder learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), East Champaran, Motihari has rejected the anticipatory bail filed by the appellants in the event of their

Patna High Court CR. APP (SJ) No.5610 of 2019(2) dt.20-12-2019 2/2 arrest/surrender in connection with aforesaid case for the offences punishable under Sections 341, 323, 237, 379, 354B, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act.

Considering the nature of allegations and that there is no specific role attributed to any of the appellants and that they are not having any criminal antecedents, let all the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), East Champaran, Motihari, in connection with Rajepur P.S. Case No.133 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In the result, the appeal is allowed and the impugned order dated 27.11.2019 is set aside. (Anjana Mishra, J) PNM U T