Allowed

Shiv Mahto v. the State of Bihar

Patna HC20 Jun 2022CR. MISC./24798/2021

Case brief

AI extract

What is this about?

This is an order granting anticipatory bail to 10 petitioners accused of offences under various sections of the Indian Penal Code. The court, considering that similarly situated co-accused were granted bail by a coordinate bench, ordered the enlargement of petitioners on bail with specific bonds and sureties.

What did the court decide?

Petitioners enlarged on bail on furnishing bonds of Rs. 25,000 each with two sureties of the like amount subject to conditions under Section 438(2) CrPC.

Shiv Mahto Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24798 of 2021

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Arising Out of PS. Case No.-279 Year-2020 Thana- MAHESI District- East Champaran

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

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SHIV MAHTO S/O Late Ratan Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Shri Bhagwan Mahto S/o Late Ratan Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Krishna Devi W/O Kirani Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Prabhawati Devi W/O Umesh Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Vasdeo Mahto Son of Late Tilak Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Rajkali Devi Wife of Late Munna Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Mohan Mahto S/o- Khedaru @ Khedari Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Raja Mahto S/O- Vasudeo Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Balinder Mahto S/o- Lakinder Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Kanti Devi W/O- Mohan Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Ramesh Kumar @ Bullet Mahto S/O- Late Doman Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Nand Kishor Mahto @ Gulten Mahto S/O- Raghu Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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saliendra Kumar @ Chali Mahto S/O- Vishun Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Dhorae Mahto Son of Late Banaras Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

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Shanti Devi Wife of Sukhlal Mahto R/O Village - Mahmada Chaubey Tola, P.S. - Jaibajrang O.P, Mehsi, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s

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

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Appearance :

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Patna High Court CR. MISC. No.24798 of 2021(3) dt.20-06-2022 2/3

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For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 20-06-2022

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Heard learned counsel for the petitioners and learned

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APP for the State.

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Petitioners No.1, 3 to 13 and 15 apprehend their arrest in Mehsi P.S. Case No.279 of 2020, registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 354, 448 and 379 of the Indian Penal Code.

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The petitioners and 300 unknown persons are said to have assaulted the informant and others. Shiv Mahto assaulted the wife of the informant by means of sword on her head. Sri Bhagwan Mahto looted away the ornaments from the house of the informant.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that there is general and omnibus allegation against the petitioners. A title suit is going on between the parties. The injuries are simple in nature. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.03.2022, passed in Criminal Miscellaneous No.19399 of 2021. It is also submitted that the petitioners have

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Patna High Court CR. MISC. No.24798 of 2021(3) dt.20-06-2022 3/3

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got no criminal antecedent as stated in paragraph-3 of the bail application.

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Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

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Taking into consideration the fact that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, petitioners no.1, 3 to 13 and 15, above named, in the event of their arrest or surrender before the learned court below within a period of six seeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 6^th , East Champaran, Motihari in connection with Mehsi P.S. Case No.279 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anjani Kumar Sharan, J.)

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Sanjay/-

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U T

Shiv Mahto v. the State of Bihar

Case brief

What is this about?

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Shiv Mahto v. the State of Bihar

Case brief

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