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Patna High Court - Orders

Santosh Mahto vs The State Of Bihar on 7 November, 2019

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71050 of 2019
                      Arising Out of PS. Case No.-205 Year-2019 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     SANTOSH MAHTO Son of Jagdish Mahto Resident of Village-Sallahpur
                  Ward No.02, P.S.-Lalganj, District-Vaishali.
           2.    Sujit Mahto @ Sujit Kumar Son of Suresh Mahto @ Lalu Mahto Resident of
                 Village-Sallahpur Ward No.02, P.S.-Lalganj, District-Vaishali.
           3.    Suresh Mahto @ Lalu Mahto Son of Late Bihari Mahto Resident of Village-
                 Sallahpur Ward No.02, P.S.-Lalganj, District-Vaishali.
           4.    Sukan Mahto Son of Late Parmeshwar Mahto @ Late Bihari Mahto
                 Resident of Village-Sallahpur Ward No.02, P.S.-Lalganj, District-Vaishali.
           5.    Vinod Mahto Son of Sukan Mahto Resident of Village-Sallahpur Ward
                 No.02, P.S.-Lalganj, District-Vaishali.
           6.    Pramod Mahto Son of Sukan Mahto Resident of Village-Sallahpur Ward
                 No.02, P.S.-Lalganj, District-Vaishali.
           7.    Ravi Shankar Kumar @ Pappu @ Ravi Shankar Mahto Son of Suraj Mahto
                 Resident of Village-Sallahpur Ward No.02, P.S.-Lalganj, District-Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shakti Suman Kumar
                 For the Opposite Party/s :       Mr.Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

2   07-11-2019

Learned counsel for the petitioners has submitted that during pendency of this application, petitioner no. 7 has been taken into custody as such this application so far petitioner no. 7 is concerned, has become infructuous and he may be permitted to withdraw the same.

Permission is accorded.

This application so far petitioner no. 7 is concerned is Patna High Court CR. MISC. No.71050 of 2019(2) dt.07-11-2019 2/3 dismissed as withdrawn So far other petitioners are concerned, they are apprehending their arrest in connection with Lalganj P.S. Cae No. 205/2019 registered for offences punishable under Sections 147, 148, 149, 323, 324, 307, 448, 436, 354, 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant causing injury to him and it is alleged that took away golden Jhumka and Rs. Ten Thousand.

Submission of learned counsel for petitioner nos. 1 to 6 is that there is case and counter case between the parties and no specific allegation has been attributed to the petitioners..

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that grievous injury has been sustained by the informant and further accused persons have also set the hut of informant on fire.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner no. 1 to 6, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM Patna High Court CR. MISC. No.71050 of 2019(2) dt.07-11-2019 3/3

-XIV, Vaishali at Hajipur, in connection with Lalganj P.S. Cae No. 205/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/-

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