Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2418 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== Rajendra Mahto, son of Sukhdev Mahto, Resident of Village-Galim Pur, P.S. Rajepur, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Gautam, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Rajepur P.S. Case No. 144/2018, instituted for the offence under Section(s) 399, 402, 414/34 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms Act.

It is alleged in the written report that police arrested this petitioner on the information that some miscreants are preparing plan for committing big occurrence situated at Bala Kothi temple. The informant along with police personnel reached the place of occurrence. On seeing the police party, the miscreants started running away. One person was apprehended by the police who disclosed his name as Rajendra Mahto (petitioner). On search, one country made loaded pistol, one bullet, other articles such as some pieces of iron, 100 gram Nausadar and 100 gram Barud were recovered from his

Patna High Court Cr.Misc. No.2418 of 2019(2) dt.18-01-2019 2/2 possession as mentioned in the seizure list.

Petitioner is in custody since 04.09.2018 having clean antecedent.

Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sadar Motihari East Champaran, in connection with Rajepur P.S. Case No. 144/2018, subject to the condition that both the bailors shall be close relative of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will be liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that evemt, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

U T