Allowed

Birju Mahto and Ors. v. The State Of Bihar

Patna HC4 Apr 2016CR. MISC./7856/2016

Case brief

AI extract

What is this about?

The Patna High Court allowed an application for anticipatory bail. The court held that no offence under Section 3(i)(x) of the SC/ST Act was made out as the incident allegedly occurred inside the informant's house, not in public view. The petitioners were granted bail subject to conditions of surrender within six weeks and appearing in court.

What did the court decide?

Petitioners released on bail by furnishing a bond of Rs.10,000 each with two sureties of like amount, subject to conditions of appearance and forfeiture if failing to appear twice.

Birju Mahto and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7856 of 2016

¶2

Arising Out of PS.Case No. -33 Year- 2015 Thana -SC/ST District- SHEOHAR

¶3

====================================================== 1. Birju Mahto, Son of Kamlesh Mahto 2. Kamlesh Mahto Son of Birju Mahto 3. Ramprit Mahto, Son of Ram Autar Mahto

¶4

Amar Mahto, Son of Ramprit Mahto

¶5

Naresh Mahto, Son of Rang Lal Mahto

¶6

Rang Lal Mahto, Son of Shivdhari Mahto

¶7

Chandeshwar Mahto Son of Ramautar Mahto All resident of VillageBishunpyr Kishundeo, P.S. Sheohar, District- Sheohar.

¶8

The State of Bihar

¶9

.... .... Petitioners Versus .... .... Opposite Party

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Ajay Kumar-I(App)

¶11

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

¶12

2 04-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

¶13

This application for grant of anticipatory bail arises out of Sheohar SC/ST P.S.Case No. 33/2015, disclosing offences under sections 147, 148, 149, 448, 323, 324, 354 and 379 of the Indian Penal Code and Section 3(i)(x)(xi) of the SC/ST Act.

¶14

It appears from the First Information Report that the occurrence took place over petty dispute between the parties relating to a banana tree.

¶15

Learned counsel for the petitioners submits that no

¶16

Patna High Court Cr.Misc. No.7856 of 2016 (2) dt.04-04-2016

¶17

¶18

offence under section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act is made out on the basis of allegation made in the F.I.R. as, allegedly, the occurrence is said to have taken place in the house of the informant and not within the public view.

¶19

Considering the above, this application is allowed.

¶20

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Sheohar in Sheohar SC/ST P.S.Case No. 33/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

¶21

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

¶22

(Chakradhari Sharan Singh, J)

¶23

Surendra/-

¶24

Birju Mahto and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Birju Mahto and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamarul Hoda @ Kamarul Hoda Ansari and Ors. Vs The State Of Bihar

Ram Balak Thakur Vs The State Of Bihar

Sajan Kumar Vs The State Of Bihar

Alok Kumar and Anr. Vs The State Of Bihar

Tej Narayan Dubey Vs State Of Bihar and Anr.

Manoj Ram and Ors. Vs The State Of Bihar