IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20667 of 2010
1. JEETAN MAHTO SON OF LATE SONAI MAHTO
2. PARIKSHAN MAHTO @ BINOD MAHTO @ BHULLI MAHTO
SON OF SUKAN MAHTO
Versus
THE STATE OF BIHAR
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2. 17.6.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under sections 144, 448, 427 and 379 of the Indian
Penal Code.
It has been submitted that the petitioners are close
agnates of the informant and there is land dispute between the
parties and during investigation the allegation of theft was found
to be false.
In view of such, let the petitioners, named above, who
are in custody since 8.5.2010 and 13.5.2010 respectively and
have no criminal antecedents, be released on bail on furnishing
bail bonds of Rs. 5,000/- (five thousand) each with two sureties
of the like amount each to the satisfaction of Addl. Chief Judicial
Magistrate, Jhanjharpur in Khutauna P.S.case No.32 of 2010,
subject to the conditions (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 petitioners, (ii) that the
affidavit shall clearly state that the petitioners are not an
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accused in any other case and if they are, they shall not be
released on bail, (iii) that the bailor shall also state on affidavit
that he 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 and (iv) that the petitioners will give an
undertaking that they will receive the police papers on the given
date and be present on the date fixed for charge and if they fail
to do so on two given dates and delays the trial in any manner,
their bail will be liable to be cancelled for reasons of misuse.
Narendra/ ( Anjana Prakash, J. )
