IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.27167 of 2011
1. Baldeo Mahto son of Late Ganesh Prasad Singh,
2. Ram Tapesh Mahto son of Late Sheo Jatan Mahto,
3. Rajendra Mahto son of Late Butai Mahto,
4. Jitendra Mahto son of Ramdeep Mahto,
5. Lailoon Mahto son of Late Ramadhar Mahto,
6. Bageshwar Mahto son of Dinanath Mahto,
7. Goras Mahto son of Late Ramadhar Mahto,
8. Budhan Mahto @ Budhan Sao son of Masudan Sao,
9. Vidya Mahto son of Ranjit Mahto @ Ramjit Mahto &
10. Binesari Mahto son of Ramashish Mahto ...Petitioners
Versus
The State Of Bihar ...OP
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2/ 14.09.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted
for the offence under sections 147, 148, 149, 342, 323, 307, 337,
379 and 504 of the Indian Penal Code.
It has been submitted that there was counter version
with regard to the same occurrence and now the parties have
compromised between themselves.
In view of such, in the event of surrender of the
petitioners, named above, within four weeks from the date of receipt
of a copy of this order in connection with Arwal P.S. Case No.2 of
2011, they shall be released on anticipatory bail on furnishing bail
bond of Rs.5,000/-(five thousand) each with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate,
Jehanabad, subject to conditions as laid down under section 438 (2)
Cr. P.C., and (i) That one of the bailors will be a close relative of the
petitioners, who will give an affidavit giving genealogy as to how he
is related with the petitioners. The bailors will undertake to furnish
information to the court about any change in the address of the
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petitioners, (ii) That the affidavit shall clearly state that the
petitioners are not an accused in any other case and, if they are, they
shall not be released on bail and further the petitioners shall
undertake to be represented on the first date after cognizance if the
investigation in the case is still pending and in case they fail to do
so, their bail bond will be liable to be cancelled (iii) That the bailors
shall also state on affidavit that they will inform the court concerned
if the petitioners are implicated in any other case of similar nature
after their release in the present case and thereafter the court below
will be at liberty to initiate the proceeding for cancellation of bail on
the ground of misuse, (iv) That the petitioners will give an
undertaking that they will receive the police papers on the given date
and be present on date fixed for charge and if they fail to do so on
two given dates and delay the trial in any manner, their bail will be
liable to be cancelled for reasons of misuse and (v) That the
petitioners will be well represented on each date and if they fail to
do so on two consecutive dates, their bail will be liable to be
cancelled.
JA/- (Anjana Prakash,J.)