Allowed

Satish Mahto and Anr. v. The State Of Bihar

Patna HC8 May 2018CR. MISC./17277/2018

Case brief

AI extract

What is this about?

High Court of Patna granted anticipatory bail to petitioners approaching arrest in a case where the informant's father died allegedly from electrocution caused by wires placed on sugarcane land, noting lack of specific overt acts against them in the FIR. Bail conditioned on surrender within six weeks and specific conduct.

What did the court decide?

Petitioners granted anticipatory bail on surrender with a bond of Rs. 10,000 and two sureties, conditioned on local property and appearance in court.

Satish Mahto and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17277 of 2018

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Arising Out of PS. Case No.-567 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi

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====================================================== 1. Satish Mahto 2. Raju Mahto @ Raju Kumar Both Sons of Sh. Nageshwar Mahto R/o Village- Morsand, Tola- Sareha, P.S. Runni Saidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Maruth Nath Roy For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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3 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

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Petitioners apprehend their arrest in Runnisaidpur P.S. case no. 567/17 instituted for the offence under Section(s) 287 and 304/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that in the written report itself it is mentioned that father of the informant died on account of electric current. In the written report it is alleged that these petitioners had put the electric wire around the sugarcane land and on account of electrocution the father of the informant has died.

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Patna High Court Cr.Misc. No.17277 of 2018(3) dt.08-05-2018 2/3

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Learned counsel for the petitioners submits that the aforesaid land does not belong to these petitioners.

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Be that as it may, even from the allegation in the written report there is no specific overt act levelled against these petitioners. The death of the father of the informant has occurred due to electric current as mentioned in the written report.

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In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Runnisaidpur P.S. case no. 567/17, they shall be released on anticipatory 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 learned CJM, Sitamarhi, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution

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Patna High Court Cr.Misc. No.17277 of 2018(3) dt.08-05-2018 3/3

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will be at liberty to move for cancellation of bail of the

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petitioners.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Satish Mahto and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Satish Mahto and Anr. v. The State Of Bihar

Case brief

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