Indradev Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3208 of 2018 Arising Out of PS.Case No. -357 Year- 2016 Thana -MARHAURA District- SARAN ======================================================
1. Indradev Mahto, Son of Late Rasila Mahto,
2. Mayalal Mahto, Son of Late Dev Kumar Mahto.
3. Bharat Mahto, Son of Raj Kumar Mahto,
4. Ramlal Mahto, Son of Late Nagina Mahto.
5. Yogendra Mahto, Son of Late Lakhan Mahto,
6. Ramnath Mahto, Son of Late Mahanth Mahto
7. Shiv Prasad Mahto, Son of Late Ramsarup Mahto, All are residents of Village- Siswa, Police Station- Morhowrah, District Saran at Chapra.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Morhowrah P.S. Case No. 357 of 2016 instituted for the offence under Sections 452, 395, 427, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that other co-accused persons with similar allegation have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.02.2017 passed in Cr. Misc. 7480 of 2017. From the instant case it appears that there is general
Patna High Court Cr.Misc. No.3208 of 2018 (2) dt.17-02-2018 2/2 and omnibus allegation against these petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Morhowrah P.S. Case No. 357 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T