Allowed

Kanhaiya Mahto @ Kanhai Mahto and Ors. v. The State Of Bihar

Patna HC1 Apr 2016CR. MISC./13163/2016

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to nine petitioners facing arrest in an FIR involving sections 341, 342, 436/34 IPC and SC/ST (POA) Act, imposing specific surety and undertaking conditions.

What did the court decide?

Release of petitioners on anticipatory bail on furnishing bail bonds and fulfilling specified surety and undertaking conditions.

Kanhaiya Mahto @ Kanhai Mahto and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 13163 of 2016 Arising out of P.S. Case No. -108 Year- 2015 Thana -PIPRA District- EASTCHAMPARAN(MOTIHARI)

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

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KANHAIYA MAHTO @ KANHAI MAHTO S/o Nathuni Mahto

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Idrish Mian.

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Ishaq Mian @ Isahak Mian Both S/o Khalil Mian.

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Anand Pandit.

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Nandan Pandit.

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Birendra Pandit All three S/o Govind Pandit.

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Usha Devi W/o Birendra Pandit.

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Triloki Mahto S/o Kanhaiya Mahto.

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Md. Tabrez Mian @ Md. Tabrej S/o Ishaq Mian All R/o Hassanpur, P.S.- Pipra District- East Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s: Mr. Braj Kishore Pd. (APP)

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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02. 01.04.2016 Heard learned counsel for the Petitioners and the

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State.

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The Petitioners are apprehending their arrest in a case registered under Sections 341, 342 and 436/34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST (POA) Act.

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Considering the background dispute, let the Petitioners, above named who have fair antecedents be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S.

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Patna High Court Cr.Misc. No.13163 of 2016 (2) dt.01-04-2016

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Case No. 108 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their 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 Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Kanhaiya Mahto @ Kanhai Mahto and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kanhaiya Mahto @ Kanhai Mahto and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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