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Patna High CourtCR. MISC./27044/2018bail granted

Subod Mahto And ORS v. The State Of Bihar

2018-06-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27044 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -TIKAPATTI District- PURNIA ======================================================

1. Subod Mahto, son of Chakardhar Mahto.

2. Rajeev Mahto, son of Chakardhar Mahto.

3. Haku Mahto @ Hako Mahto, son of Tulo Mahto.

4. Suraj Mahto, son of Daku Mahto.

5. Bablu Mahto @ Bablu Mahato, son of Daku Mahto.

6. Dinesh Mahto, son of Late Bajrangi Mahto.

7. Budhan Mahto, son of Dinesh Mahto.

All resident of village- Bairiya, Bind Toli, P.S. Takapatti, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Tikapatti P.S. Case No. 14 of 2018, instituted for the offence under Sections 436 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the instant case is counter blast of Tikapatti P.S. Case No. 46 of 2014 filed by the father of the petitioner Nos. 4 and 5 against the husband of the informant and others. There is land dispute between the parties. Case diary has been received.

The learned APP has submitted that it has come in the case diary that the instant case has been filed on account of land

Patna High Court Cr.Misc. No.27044 of 2018 (3) dt.27-06-2018 2/2 dispute.

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 Tikapatti P.S. Case No.14 of 2018, 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 Sri Dibya Prakash, learned Judicial Magistrate 1st Class, Purnea, 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/- Rohit Kr.

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