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Shambhu Mahto v. The State Of Bihar

Patna HC23 Jan 2014CR. MISC./40118/2013

Case brief

AI extract

What is this about?

This single-paragraph order grants anticipatory bail to the petitioner in a charge sheets case under IPC Sections 147, 149, and 304. The court imposes conditions regarding sureties, affidavit requirements, and representation adherence for the petitioner to be released upon surrender.

What did the court decide?

The petitioner shall be released on anticipatory bail upon surrender/arrest within four weeks, subject to a bond of Rs. 5,000 with two sureties of like amount and compliance with specific conditions.

Shambhu Mahto Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.40118 of 2013

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======================================================

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Shambhu Mahto, S/O Rajeshwari Prasad @ Rajendra Prasad, resident of Village-Kusumbha, P.S.- Sheikhpura, District- Sheikhpura.

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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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2/ 23-01-2014 Heard learned counsel for the Petitioner and the

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State.

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The Petitioner apprehends his arrest in a case instituted for the offence under Section(s) 147, 149, 304 Indian Penal Code.

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Considering that after due investigation the police had filed Final Form in the matter but the case proceeded on protest-cum-complaint petition and the Petitioner has fair antecedents, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No.62-C of 2013 arising out of Sheikhpura P.S. Case No.257 of 2012, he shall be released on anticipatory bail on furnishing bail bond of ` 5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Sub-Divisional Judicial Magistrate,

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Patna High Court Cr.Misc. No.40118 of 2013 (2) dt.23-01-2014

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Sheikhpura, subject to the conditions as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his 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 Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

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JA/-

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(Anjana Prakash, J)

Shambhu Mahto v. The State Of Bihar

Case brief

What is this about?

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Shambhu Mahto v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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