Vinod Mahto vs The State Of Bihar
2021 Latest Caselaw 1037 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31752 of 2020
           Arising Out of PS Case No.-88 Year-2020 Thana- MASHARAK District- Saran
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1. Vinod Mahto (Male), aged about 55 years, Son of Late Shankar Mahto, Village - Banasohi, PS - Masharak, District - Saran.

2. Suresh Mahto (Male), age about 50 years, Son of Late Shankar Mahto, Village - Banasohi, PS - Masharak, District - Saran.

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Kumar Singh, Advocate For the State : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Upendra Kumar Singh, learned counsel for

the petitioners and Mr. Chandra Sen Prasad Singh, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

2. The petitioners apprehend arrest in connection with

Masharak PS Case No. 88 of 2020 dated 18.02.2020, instituted

under Sections 188 and 353 of the Indian Penal Code.

3. The allegation against the petitioners is that they tried

to create obstruction in the construction of Anganbari Sevika

Kendra on the land of the informant.

Patna High Court CR. MISC. No.31752 of 2020 dt.20-02-2021

4. Learned counsel for the petitioners submitted that the

informant is the Mukhiya and had abused her position and because

the petitioners were opposed to her, she has falsely made the

allegation. It was further submitted that the father of the

petitioners has filed title suit with regard to the same land against

the informant which is still pending. Learned counsel submitted

that even as per the FIR, no overt act is alleged and only a bald

statement has been made that they tried to create obstacle in the

construction. It was further submitted that the petitioners have no

other criminal antecedent.

5. Learned APP submitted that the petitioners tried to

create obstacle in construction.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned ACJM-VI, Chapra at Saran in Masharak PS Case No. 88

of 2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further, (i) that one of

the bailors shall be a close relative of the petitioners, (ii) that the Patna High Court CR. MISC. No.31752 of 2020 dt.20-02-2021

petitioners and the bailors shall execute bond with regard to good

behaviour of the petitioners and they shall co-operate with the

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or failure to co-operate shall lead to

cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T