IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11755 of 2011
NAKSI SAHANI @ NAKSI MAHTON @ NAKESHWAR MAHTON @ NAGESHWAR
MAHTON, SON OF LATE MISHRILAL SAHANI @ MISHRI MAHTON
Versus
THE STATE OF BIHAR
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03 21.04.2011 Heard learned counsels for the petitioner and the
State.
The petitioner is apprehending his arrest in a
case registered under Section 3 of R.P. (U.P.) Act.
The accusation is of seizure of two bundles of
wire of the Railway. It is alleged that the petitioner
alongwith four others fled away from the place of
seizure. It is alleged that the bundles of wire were thrown
by the petitioner and others.
It is submitted by the learned counsel for the
petitioner that the petitioner has been made accused as
Naksi Sahani S/o Mishrilal Sahani, whereas the
petitioner’s name is Nageshwar Mahton.
A supplementary affidavit has been filed, stating
therein that petitioner has no criminal antecedent. The
voter identity card reflects the name of petitioner as
Nageshwar Mahton. Moreover, no recovery has been
made from possession of the petitioner.
2
Considering the aforesaid facts, let the above
named, petitioner, be released on anticipatory bail, in the
event of his arrest or surrender before the learned court
below within a period of 12 weeks from today, on
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
the learned Railway Judicial Magistrate, Sonepur,
Chapra in connection with Hazipur Rail P.S. Case No. 6
of 2010, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
Learned court below will be at liberty to cancel
the bail of the petitioner, if the petitioner is found
involved in any other case.
(Dinesh Kumar Singh, J.)
Nitesh/Safik