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Vishwanath Singh @ Vishwanath Mahto v. The State of Bihar

Patna HC1 Mar 2024CR. MISC./10028/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case alleging he and others assaulted the informant and his father with lathi, bricks and axe, causing the father's death; counsel cited a land dispute, advanced age and no antecedents. Court granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail: release on Rs.10,000 bond with two like sureties upon arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Vishwanath Singh @ Vishwanath Mahto Vs The State… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10028 of 2024

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Arising Out of PS. Case No.-624 Year-2023 Thana- TAJPUR District- Samastipur

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

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Vishwanath Singh @ Vishwanath Mahto Son of Late Dhannu Mahto, Resident of Village- Rariyahi P.O.- Kumaiya P.S.- Tajpur Halai O.P. DistSamastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Satya Nand Shukla, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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2 01-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Tajpur (Halai O.P.) P.S. Case No.624 of 2023 instituted under Sections 147, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.

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As per the prosecution case, all the accused persons alongwith petitioner assaulted the informant and his father by lathi , bricks and axe, due to which the father of the informant died.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that there is a land dispute between the parties and the

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Patna High Court CR. MISC. No.10028 of 2024(2) dt.01-03-2024 2/2

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deceased was full brother of the petitioner. Learned counsel submits that petitioner is an old man who is aged about 68 years and there is no specific allegation against him. He further submits that petitioner has no criminal antecedent.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-1^st , Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No.624 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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(Sunil Dutta Mishra, J)

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Ritik/-

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U T

Vishwanath Singh @ Vishwanath Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishwanath Singh @ Vishwanath Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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