Manoj Kumar and Ram Lalit Mahto vs The State of Bihar

Prabhat Kumar Jha, J.—Heard both sides.

Petitioners are apprehending their arrest in Chakmehsi P.S. Case No. 26/2013 for offences allegedly committed under Sections 323, 341, 353, 427, 447, 504, 506/34 of the I.P.C. and u/s 3(i)(x) of the SC/ST (POA) Act.

Learned counsel for the petitioners submits that the petitioners are innocent and no case u/s 353 of the I.P.C. is made out and all the offences are bailable except one alleged u/s 3(i)(x) of the SC/ST (POA) Act.

Son of the petitioner No. 2 had lodged complaint case No. 558/2013 against the informant and that is the reason this case has also been lodged.

On the other hand learned Additional P.P. opposes the prayer for bail.

Ram Shakal Singh the informant, alleged that the petitioners came to school to search him, but the informant was out of the school to deposit form. Petitioner demanded register from cook but on refusal assaulted with fists and slaps causing injuries. They also pushed the informant and abused the Chairperson by naming her cast. It is submitted that the false case is lodged only because son of petitioner earlier lodged case. It appears that the case is of petty nature and there is litigation from before between the parties.

Having considered the facts and nature of allegations I find that the petitioners deserve anticipatory bail and accordingly, their prayer is allowed.

Let the petitioners, (i) Manoj Kumar and (ii) Ram Lalit Mahto are directed in the event of their arrest or surrender before the learned Court below within a period of four weeks from date of receipt/production of this order, to be released on bail, on furnishing bail bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in Chakmehsi P.S. Case No. 26/2013 subject to the conditions laid down u/s 438(2) Cr. P.C.