Patna High CourtCR. MISC./13261/2016bail granted

Binod Mahto And ORS. v. The State Of Bihar

2016-04-01Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13261 of 2016 Arising Out of PS.Case No. -152 Year- 2015 Thana -BHELDI District- SARAN ======================================================

1. Binod Mahto, Son of Late Dindayal Mahto

2. Akhilesh Mahto, Son of Late Dindayal Mahto

3. Bipin Mahto, Son of Late Din Dayal Mahto

4. Dharmashila Devi, W/o Akhilesh Mahto All Resident of Village- Firojpur, P.S.- Bheldi, District- Saran.

5. Dharmendra Mahto @ Dharmendra Kumar Mahto, Son of Binod Mahto, Resident of Village- Firojpur, P.S.- Bheldi, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nalin Kumar, Adv. For the State : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 01-04-2016 The learned counsel for the Petitioner is permitted to make correction in paragraph-1 of the petition. Heard learned counsel for the Petitioners and the State. The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 323, 341, 307, 324, 379, 325 and 448 of the Indian Penal Code.

Considering the genesis of the occurrence, let the Petitioners who have fair antecedents, in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Bheldi P.S. Case No. 152 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of

Patna High Court Cr.Misc. No.13261 of 2016 (2) dt.01-04-2016 2/2 Additional Chief Judicial Magistrate, Chapra, Saran, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.