Petitioners sought bail in an FIR alleging offences under the IPC for>& they engaged in mischief, theft, and intimidation of a person named Surendra Lal Mahto.
Release on bail subject to surrender within 12 weeks and furnishing a bail bond of Rs. 10,000/- with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5413 of 2015
Arising Out of PS.Case No. -114 Year- 2014 Thana -BEERPUR District- BEGUSARAI ====================================================== 1. Surendra Lal Mahto @ Surendra Prabhakar 2. Manoj Lal Mahto@Manoj Prabhakar Both are Sons Babu Lal Mahto Both are Resident of vill-Parbanda,P.S-Birpur,Distt-Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 10-02-2015 Heard learned counsels of the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 504 and 34 of the Indian Penal Code.
It is alleged that the informant was cutting firewood from his field when 20 to 25 unknown person including the petitioners came armed with rifle, created havoc and subsequently took away articles and money.
It is submitted by the learned counsel for the petitioners that the allegation levelled against the petitioners are false and concocted as petitioner No.1 purchased the land in the name of his wife which was objected by the informant as a result the present case was lodged.
It is further submitted by the learned counsel for the petitioner that the occurrence took pace on 27.10.2014 and the
Patna High Court Cr.Misc. No.5413 of 2015 (2) dt.10-02-2015
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F.I.R. was lodged on 31.10.2014.
Considering the delayed lodging of the case, let the above named petitioners be released on bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today in connection with Birpur P.S. Case No. 114 of 2014 on furnishing bail bond of Rs. 10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under section 438 (2) of the code of Criminal Procedure.
Considering the criminal antecedent of the petitioners, the learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners get involved in serious offence or defaults without any reasonable cause on two consecutive occasions.
(Dinesh Kumar Singh, J)
Sudha/U T
1 issue framed by the court
Whether petitioners should be granted anticipatory bail granted subject to conditions or not
2 provisions across 2 enactments
Surendra Lal Mahto @ Surendra Prabhakar & Ors.
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
