Patna High Court - Orders
Paras Mahto vs The State Of Bihar on 17 December, 2014
Author: Amaresh Kumar Lal
Bench: Amaresh Kumar Lal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46731 of 2014
Arising Out of PS.Case No. -182 Year- 2013 Thana -RAXAUL District-
EASTCHAMPARAN(MOTIHARI)
======================================================
Paras Mahto, Son of Late Yamuna Mahto, resident of Kairia Tola, Ward
No.-25, Raxaul, P.S.- Raxaul, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinay Raj, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 17-12-2014Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 384, 386, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is that the petitioner is that he along with other persons came to the land of the informant and assaulted the son of the informant and asked the informant and others to move from the land.
It is submitted that there is no specific allegation against the petitioner. The petitioner has no criminal antecedent. It is further submitted that the petitioner had earlier filed Cr. Patna High Court Cr.Misc. No.46731 of 2014 (2) dt.17-12-2014 2/3 Misc. No.26320/14 for grant of anticipatory bail which was disposed of vide order dated 26.09.2014 with liberty to the petitioner to move the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari/court concerned who will pass the order in view of the direction given by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar & Anr., reported in 2014 (3) PLJR 314 (SC). At that time, the offence punishable under Section 386 of the Indian Penal Code was not mentioned in the petition which was disposed of in view of the aforesaid decision of Hon'ble Supreme Court. The offence under Section 386 of the Indian Penal Code is punishable for 10 years with fine.
The learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer.
Considering the facts and circumstances of the case, let the petitioner above-named be released on bail in the event of arrest or surrender within a period of four weeks on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in Raxaul P.S. Case No.182/13 subject to the condition as laid down under Section 438 (2) of Patna High Court Cr.Misc. No.46731 of 2014 (2) dt.17-12-2014 3/3 the Code of Criminal Procedure and the other following conditions :
1. One of the bailors will be the close relative of the petitioner.
2. The petitioner will not indulge in similar or in any other offence.
3. The petitioner will be well represented in the court.
4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.
(Amaresh Kumar Lal, J) V.K. Pandey/-
U T