IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12935 of 2009 1. RAJ KUMAR MAHTO, Son of Late Ramdeo Mahto 2. Nitesh Kumar Mahto @ Nitai Mahto @ Nital Mahto, Son of Bhola Rai Both residents of village – Malhipur, P.S. Sahebpur Kamal, District – Begusarai. …. Petitioners. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 02/ 27.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 307 and other allied sections of the Penal Code and 27 of the Arms Act. They are named in the First Information Report along with 11 others. It is submitted on behalf of the petitioners that petitioner no. 1 is alleged to have snatched Rs.7000/- from the pocket of the informant but there is no overt act alleged against petitioner no.2. It is submitted that the present case has been filed by way of defence to the earlier case lodged by Anju Devi, who is related to petitioner no. 2 alleging that prosecution party of the present case was demanding Rangdari from the labourers who were engaged in the bridge construction work and when such Rangdari was objected too the prosecution party of the present case resorted to assault in which daughter of Anju Devi was injured. Be that as it may as there is no allegation of assault on the petitioners, both the petitioners namely, Raj Kumar Mahto and Nitesh Kumar Mahto @ Nitai Mahto @ Nital Mahto are directed to surrender in the court below within four weeks from the date of receipt of this order in the court below and thereafter they be admitted to the - 2 - privilege of bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 103 of 2005, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)