Yogendra Mahto @ Yogendra Singh vs The State Of Bihar on 6 August, 2021

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Patna High Court - Orders

Yogendra Mahto @ Yogendra Singh vs The State Of Bihar on 6 August, 2021

Bench: Rajendra Kumar Mishra

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.622 of 2021
       Arising Out of PS. Case No.-192 Year-2020 Thana- BIKRAMGANJ District- Rohtas
     ======================================================
1.    YOGENDRA MAHTO @ YOGENDRA SINGH, S/O KAMAL MAHTO @
      KAMAL KISHORE SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
      DISTRICT- ROHTAS
2.   MUNNA MAHTO @ JITENDRA KUMAR, S/O SRIKANT MAHTO @
     SRIKANT SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
     DISTRICT- ROHTAS
3.   SUNIL MAHTO @ SUNIL KUMAR SINGH, S/O LATE FAKIRA
     MAHTO @ FAKIRA SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
     DISTRICT- ROHTAS
4.   TUNTUN MAHTO @ SHEO PRASAD SINGH, S/O LATE FAKIRA
     MAHTO @ FAKIRA SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
     DISTRICT- ROHTAS
5.   PINTU SINGH @ PINTU MAHTO @ PINTU KUMAR, S/O VIJAY
     MAHTO @ VIJAY SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
     DISTRICT- ROHTAS
6.   FULENDRA MAHTO @ ASHOK KUMAR SINGH @ FULENDRA
     KUMAR SINGH, S/O BAHADUR MAHTO @ GUPTESHWAR MAHTO,
     R/O VILLAGE TURTI, P.S-BIKRAMGANJ, DISTRICT- ROHTAS
7.   ASHOK MAHTO @ ASHOK KUMAR SINGH, S/O GUPTESHWAR
     MAHTO @ MAHRAJ SINGH, R/O VILLAGE TURTI, P.S-
     BIKRAMGANJ, DISTRICT- ROHTAS
8.   SATISH MAHTO @ SATISH KUMAR SINGH @ CHHATISH MAHTO,
     S/O LATE GIRJA MAHTO @ DHARMENDRA SINGH, R/O VILLAGE
     TURTI, P.S-BIKRAMGANJ, DISTRICT- ROHTAS
9.   SANJAY MAHTO @ SANJAY KUMAR SINGH, S/O BAHADUR
     MAHTO @ GUPTESHWAR SINGH, R/O VILLAGE TURTI, P.S-
     BIKRAMGANJ, DISTRICT- ROHTAS
10. VIJAY MAHTO @ VIJAY KUMAR SINGH, S/O BAHADUR MAHTO @
    GUPTESHWAR SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
    DISTRICT- ROHTAS
11. DHANJEE MAHTO @ DHANJEE SINGH, S/O LATE PRAYAG MAHTO
    @ PRAYAG SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
    DISTRICT- ROHTAS
12. SURESH MAHTO @ SURESH SINGH, S/O LATE SHIV BACHAN
    MAHTO @ SHIV BACHAN SINGH, R/O VILLAGE TURTI, P.S-
    BIKRAMGANJ, DISTRICT- ROHTAS
13. RAVI MAHTO @ RAVI KUMAR, S/O TUNTUN MAHTO @ SHEO
     PRASAD SINGH, R/O VILLAGE TURTI, P.S-BIKRAMGANJ,
     DISTRICT- ROHTAS                     ... Appellants
                             Versus
    THE STATE OF BIHAR                    ... Respondent
    ======================================================
          Patna High Court CR. APP (SJ) No.622 of 2021(2) dt.06-08-2021
                                                      2/4




                 Appearance :
                 For the Appellants       :        Mr. Rajani Kant Singh, Adv.
                 For the Respondent       :        Mrs. Usha Kumari no. 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   06-08-2021

As prayed for, through video conferencing, let the learned counsel for the appellants remove the defect(s), as pointed out by the office vide it's note, dated 05.08.2021, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties.

The learned counsel for the appellants seeks permission to withdraw this application, so far as appellant no. 8 (Satish Mahto @ Satish Kumar Singh @ Chhatish Mahto) is concerned, as during the pendency of this application, he has been taken into custody.

Prayer is allowed.

Accordingly, it stands dismissed as withdrawn so far as appellant no. 8 (Satish Mahto @ Satish Kumar Singh @ Chhatish Mahto) is concerned.

The appellants 1 to 7 and 9 to 13 seek pre-arrest bail in connection with Bikramganj P.S. Case No. 192 of 2020, registered under Sections 147, 148, 323, 341, 325, 354, 436, 504 and 506 of the Indian Penal Code and 3(i)(r)(s) of the Scheduled Patna High Court CR. APP (SJ) No.622 of 2021(2) dt.06-08-2021 3/4 Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The accusation is that 12.05.2020 at about 09.00 p.m., 15 persons, named in the first information report, including appellants 1 to 7 and 9 to 13, having lathi and iron rod, came at the house of the informant, Maneshwar Rai, and started to abuse denoting his caste name (chamar) saying that the dwelling house will be ruined. When the informant asked about his mistake, then, they caused assault to him and his both sons, Ravi Kishan and Ravi Ranjan and also put his house on fire in which house hold articles burnt.

Submission is that in fact, the peppermint plant in the field was damaged by wild animals, then, the wild animals had been removed, at that time son of the informant of the present case started scuffle and also put on fire his damaged hut and implicated the appellants. Further, submission is that in fact, Yashoda Devi, wife of the co-accused, Dhanjee Singh, has lodged Bikramganj P.S. Case No. 172 of 2020 before the alleged occurrence, due to that reason, the informant managed to implicate the appellants in this case. Appellants 1 to 7 and 9 to 13 have no criminal antecedent.

Having regard to the facts and circumstances of the Patna High Court CR. APP (SJ) No.622 of 2021(2) dt.06-08-2021 4/4 case, let the appellants 1 to 7 and 9 to 13, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Bikramganj P.S. Case No. 192 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, I, Rohtas at Sasaram, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/-

U     T

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Patna High Court - Orders