Nepali Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36664 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -DHURAIYA District- BANKA ======================================================
1. Nepali Mahto son of Mathu @ Madho Mahto
2. Brahmdeo Mahto @ Brahmdeo Kumar son of Nepali MAhto
3. Purna Mahto son of Gopali Mahto
4. Shuro Mahto son of Gopali Mahto
5. Maldhar Sah son of Kripali Sah
6. Dilip Sah son of Maldhar Sah
7. Pappu Sah son of Rami Sah
8. Niraj Yadav son of Bisho Yadav
9. Bikash Yadav son of Bisho Yadav
10. Tuntun Mahto @ Tuntun Yadav son of Rajendra Mahto
11. Bijay Mahto son of Janardhan Mahto
12. Amod Mahto son of Kishan Mahto
13. Ajjo Kunwar @ Ajju Kumar son of Mannu Kunwar
14. Mantoo Choudhary son of Tiro Choudhary
15. Subhash Mahto @ Tiro Yadav son of Charan Mahto
16. Mannu Yadav son of Late Shakti Yadav
17. Pintoo Mahto son of Udeshwar Mahto
18. Pradeep Mahto son of Late Jagdish Mahto All residents of Village Uchadiha, P.S.- Dhoraiya, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dhoraiya Police Station Case No. 65 of 2016, disclosing offences under Sections 147, 148, 325, 427, 323, 436 of the Indian Penal Code.
Patna High Court Cr.Misc. No.36664 of 2016 (2) dt.05-09-2016 2/3 There are altogether 18 persons named in the First Information Report, who are said to have indulged in brick-batting and setting the house of the informant on fire. The occurrence appears to have taken place over a dispute for getting the electricity connection through electric pole.
Learned Counsel for the petitioners appears to be right in his submission that the allegations are general and omnibus. None of the petitioners have any criminal antecedent, as stated in paragraph 3 of the application. Considering the above submission, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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, Banka, in connection with Dhoraiya Police Station Case No. 65 of 2016, 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 themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.36664 of 2016 (2) dt.05-09-2016 3/3 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 √