IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15837 of 2010
1. PRATAP MAHTO SON OF SRI NEWASH MAHTO
2. JAYRAM MAHTO SON OF BHUNESHWAR MAHTO
3. KAMLESH MAHTO SON OF RAM MANGAL MAHTO
4. SANTOSH MAHTO SON OF RAM MANDAL MAHTO
5. RAMU KUMAR @ DHARMENDRA KUMAR MAHTO SON
OF RAM MANGAL MAHTO
6. LAL BABU MAHTO SON OF SURAJ MAHTO
7. KANUNI MAHTO SON OF SURAJ MAHTO, ALL
RESIDENT OF VILLAGE BHARIYA, P.S. SHAHPUR,
DISTRICT BHOJPUR -- PETITIONERS.
Versus
STATE OF BIHAR--OPP. PARTY.
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3/ 30-06-2010 Heard the parties.
The petitioners apprehend their arrest in a case
instituted under sections 147, 149, 341, 323, 324 and 506
of the Indian Penal Code as also under section 3 (1) (x) of
the SC/ST ( P.O.A. ) Act.
It is submitted that though the petitioners are
named in the F.I.R. vide Annexure-1, as accused, but there
is absolutely no allegation relating to any offence alleged to
have been committed by the petitioners under the
provisions of section 3 of the SC/ST ( P.O.A.) Act, save and
except that the informant is said to be the member of the
scheduled caste. In that view of the matter the present
petition under section 438 Cr. P.C. is maintainable.
It is further submitted that except the offence
under section 324 of the Indian Penal Code, all other
offences are either bailable or minor. In the F.I.R., vide
Annexure-1, specific allegation of assault by rami and
2
spade is only against petitioner no.1, Pratap Mahto. So far
as other petitioners are concerned, the allegations are
general and omnibus in nature against them.
In the facts and circumstances of the case, prayer
for anticipatory bail made on behalf of petitioner no.1,
Pratap Mahto, is rejected. He must surrender in the court
below within a period of four weeks from today and seek
regular bail, if so advised.
However, so far as petitioners no. 2 to 7, namely,
Jayram Mahto,Kamlesh Mahto, Santosh Mahto, Ramu
Kumar @ Dharmendra Kumar Mahto, Lal Babu Mahto and
Kanuni Mahto, are concerned, in the facts and
circumstances of the case, in the event of their arrest or
surrender in the court below within a period of four weeks
from today, they shall be enlarged on bail on furnishing
bail bonds of Rs. 10,000/- each with two sureties of the
like amount each to the satisfaction of Chief Judicial
Magistrate, Bhojpur at Ara in Shahpur P.S. Case No. 46 of
2010, subject to condition as laid down under section
438(2) of the Cr. P.C.
BTiwary ( Birendra Prasad Verma, J)