Rama Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10394 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -SULTANGANJ District- PATNA ======================================================
1. Rama Mahto, Son of Late Ram Briksh Mahto @ Gulli Mahto, Resident of Mohalla- Sheopur Khas Mahal, P.S.- Sultanganj, District- Patna.
2. Suresh Mahto, Son of Late Ram Briksh Mahto @ Gulli Mahto, Resident of Mohalla- Sheopur Khas Mahal, P.S.- Sultanganj, DistrictPatna.
3. Binod Mahto @ Binod Kumar @ Vinod Mahto @ Binod Kumar Metha, Son of late Shiv Chandra Mahto.
4. Pradeep Mahto @ Pradeep Kumar, Son of Late Shiv Chadra Mahto.
5. Dilip Mahto @ Dilip Kumar, Son of Late Shiv Chandra Mahto.
6. Gopal Prasad, Son of Late Shiv Chandra Mahto,
7. Most. Simple Devi @ Most. Siple Devi, W/o of Late Rajnandan Prasad,
8. Tej Prakash @ Rajat Kumar, Son of Late Rajnandan Prasad, Petitioner Nos. 3 to 8 are resident of Ghaga Ghat, Baksaria Tola, P.S.- Sultanganj, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Verma, Advocate. For the Opposite Party/s : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Sultanganj P.S. Case No. 267 of 2017 instituted for the offence under Sections 147, 149, 447, 341, 323, 379, 506 and 384 of the Indian Penal Code.
It has been submitted that there is land dispute between the parties for which Proceeding after disposal of the
Patna High Court Cr.Misc. No.10394 of 2018 (2) dt.27-02-2018 2/3 matter from Bihar Land Tribunal, is pending in this Hon'ble High Court vide CWJC No. 16042 of 2017.
In the instant case there is allegation that all these petitioners forcefully obstructed construction work and assaulted the informant and labours. They also took Rs.15,000/- from the pocket of the informant.
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 Sultanganj P.S. Case No. 267 of 2017, 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-VI, Patna City, Distt. Patna, 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,
Patna High Court Cr.Misc. No.10394 of 2018 (2) dt.27-02-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T