Bhasho Mahton And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6067 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Bhasho Mahton

2. Prahlad Kumar Both are sons of Late Mushuru Mahto Both resident of village - Lallu Pokhar Kankar Ghat, P.S. Belan Bazar, District - Munger .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kumar Tiwary For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kashim Bazar Police Station Case No. 41 of 2015, disclosing offences under Sections 341, 342 and 420 of the Indian Penal Code.

Learned Counsel for the petitioners submits that the petitioners are not named in the First Information Report, though 11 persons have been named against whom the allegation is that they have created illegal documents of transfer of Khas Mahal land in favour of other. He further submits that out of 11 persons named in the First Information Report, 7 have been granted privilege of anticipatory bail by the Court below. He further submits

Patna High Court Cr.Misc. No.6067 of 2016 (2) dt.24-02-2016 2/2 that the petitioners have been made accused subsequently on the basis that they are vendees; whereas, their vendors have been granted anticipatory bail.

Considering the nature of accusation, this application is allowed.

Let the petitioners, Bhasho Mahton and Prahlad Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kashim Bazar Police Station Case No. 41 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself before the police/Court, as the same may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √