This anticipatory bail petition was allowed. The petitioners were directed to surrender within four weeks to be released on bail by furnishing security of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C.
Anticipatory bail granted; surrender within four weeks for release on furnishing Rs. 10,000 bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24581 of 2016
Arising Out of PS.Case No. -12 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== 1. Shiv Mahto, S/o Late Atwari Mahto, 2.Jaiki Kumar S/o Late Rambachan Prasad Both resident of Mohalla Mahalpur, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
Petitioners apprehend their arrest in connection with
Bihar Police Station Case No. 12 of 2016 registered for the offences punishable under Sections 406, 420, 341, 323, 504, 506, 379, 337, 307 and 353/34 of the Indian Penal Code.
The accusation against the petitioners is that they pelted stones and snatched wrist watch and Rs. 2000/- respectively of the informant but submission on behalf of the petitioners is that there was land dispute between the parties and, as a matter of fact, the informant lodged this case with exaggerated story taking help of the local police. It is further submitted that on the alleged date of
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occurrence, it was the prosecution party, who assaulted the family members of the petitioners for which Bihar P.S.Case No. 13 of 2016 was registered.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Bihar Police Station Case no.12 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
N.K/-
U T
2 issues framed by the court
Whether the petitioners should be granted interim or anticipatory bail in connection with the present FIR.
Whether conditions can be imposed on the grant of anticipatory bail.
1 provisions across 1 enactments
Shiv Mahto
Jaiki Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
