Allowed

Mota Tuddu @ Mata Tuddu v. The State of Bihar

Patna HC5 Nov 2019CR. MISC./66304/2019

Case brief

AI extract

What is this about?

The Patna High Court granted pre-arrest bail to nine out of ten petitioners in a criminal case involving arrest and wrongful entry. The court dismissed the welfare of petitioner no.4 due to prior arrest and conditioned bail on arrest/surrender within six weeks, furnishing of bond, and two sureties.

What did the court decide?

Granted pre-arrest bail to petitioners nos.1 to 3 and 5 to 9 on furnishing of bail bond of Rs.10,000 each with two sureties of like amount, to be executed within six weeks.

Mota Tuddu @ Mata Tuddu Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66304 of 2019

¶2

Arising Out of PS. Case No.-22 Year-2018 Thana- POTHIYA District- Kishanganj

¶3

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

¶4

MOTA TUDDU @ MATA TUDDU S/o Dula Tudu R/o villageKachakhuwa, P.S.- Pothia, District- Kishanganj

¶5

Kandru Marandi S/o Late Bhadu Marandi @ Bhado Marandi R/o villageKachakhuwa, P.S.- Pothia, District- Kishanganj

¶6

Poresh Soren S/o Late Chunda Soren R/o village- Kachakhuwa, P.S.- Pothia, District- Kishanganj

¶7

Dilu Murmu S/o Late Raghu Murmu R/o village- Kachakhuwa, P.S.- Pothia, District- Kishanganj

¶8

Balu Tuddu S/o Kacha Tudu R/o village- Kachakhuwa, P.S.- Pothia, DistrictKishanganj

¶9

Jairam Tuddu S/o Man Singh Tudu R/o village- Kachakhuwa, P.S.- Pothia, District- Kishanganj

¶10

Murli Marandi S/o Josef Marandi R/o village- Kachakhuwa, P.S.- Pothia, District- Kishanganj

¶11

Sonu Marandi @ Sunau Marandi S/o Josef Marandi R/o villageKachakhuwa, P.S.- Pothia, District- Kishanganj

¶12

Soban Marandi @ Soben Marandi S/o Josef Marandi R/o villageKachakhuwa, P.S.- Pothia, District- Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶17

====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

¶18

ORAL ORDER

¶19

2 05-11-2019

¶20

At the very outset, learned counsel for the petitioners

¶21

submits that the petitioner no.4, namely, Dilu Murmu, has already been arrested by the police in this case and seeks permission to withdraw this application in respect of the petitioner no.4, namely, Dilu Murmu.

¶22

Patna High Court CR. MISC. No.66304 of 2019(2) dt.05-11-2019 2/3

¶23

Permission is accorded.

¶24

This application in respect of the petitioner no.4,

¶25

namely, Dilu Murmu, is dismissed as withdrawn.

¶26

Now, only the prayer of the petitioner nos. 1 to 3 and 5 to 9, above named, for grant of privilege of pre-arrest bail is being considered.

¶27

Heard.

¶28

The petitioner nos.1 to 3 and 5 to 9, above named, apprehend their arrest in connection with Pothia P.S. Case No.22 of 2018 registered under Sections 147, 148, 149, 323, 447, 504, 506 and 384 of the Indian Penal Code.

¶29

The accusation is that 12 persons, named in the F.I.R., including the petitioner nos.1 to 3 and 5 to 9, above named, along with 10-12 unknown armed with weapons forcibly entered in the office of Tea Estate of Tea Garden (Kachakhuwa), where the informant used to do the job and started giving threatening to the informant and other staffs of the said office and scattered the articles of the office. They also abused and commit “Maar-Peet” with fists and slaps there and also made demand of ransom of Rs.3,00,000/- and on making objection by the informant, they also asked him to leave the tea garden immediately.

¶30

Patna High Court CR. MISC. No.66304 of 2019(2) dt.05-11-2019 3/3

¶31

Learned counsel for the petitioner nos.1 to 3 and 5 to 9, above named, submits that the aforesaid petitioners are poor Adiwasi and used to reside at the land adjacent to the said tea garden. In fact, the informant wanted to grab the aforesaid land forcibly for tea garden and on protest made by the aforesaid petitioners, the informant has lodged the present case. Several other cases have also been lodged at the instance of the informant against the aforesaid petitioners, as detailed in paragraph-3 to this application.

¶32

Having considered the facts and the circumstances of the case, let the petitioner nos.1 to 3 and 5 to 9, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Pothia P.S. Case No.22 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶33

(Rajendra Kumar Mishra, J)

¶34

P.S./-

¶35

U T

Mota Tuddu @ Mata Tuddu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mota Tuddu @ Mata Tuddu 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

Sameer Alam @ Ms. Sameer @ Md. Sameer Vs The State of Bihar

Amarjit Kumar Singh Vs The State of Bihar

Narendra Singh Vs The State of Bihar

Md. Salam Vs The State of Bihar

Kanchan Devi Vs The State of Bihar

Kedar Kumar @ Kedar Yadav Vs The State of Bihar