Ramayan Kumar Mahto @ Ramayan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13556 of 2024 Arising Out of PS. Case No.-295 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== RAMAYAN KUMAR MAHTO @ RAMAYAN KUMAR, SON OF LAL BABU MAHTO, R/O- PARSAUNI JAHANGIR, P.S.- SAHEBGANJ, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.642 of 2023, arising out of Baruraj P.S. Case no. 295 of 2018, registered under section 395 of the Indian Penal Code.
3. As per the prosecution case, the informant states that a dacoity was conducted in his house by seven to eight unknown accused persons.
4. Learned counsel for the petitioner submits that the FIR was registered against seven to eight unknown. The name of the petitioner transpired in the confessional statement of coaccused Kishan Kumar made before police. No incriminating article has been recovered from the petitioner's possession nor has he been put on T.I.Parade. He is in custody since 17.12.2022
Patna High Court CR. MISC. No.13556 of 2024(2) dt.12-03-2024 2/3 and cause of false implication is his antecedents.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, the material that has transpired in course of investigation against the petitioner as is evident from the order of the learned trial Court together with the petitioner having remained in custody for 1 year 3 months since 17.12.2022, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.642 of 2023 (arising out of Baruraj P.S. Case no. 295 of 2018), on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIII, Muzaffarpur on the following conditions:
(I) The petitioner shall remain physically present in the trial court on each date of the trial and shall cooperate in the trial.
(II) In case of the petitioner not cooperating in the trial or the petitioner remains absent on any single date for reasons not to the satisfaction of the learned trial court or the learned trial court is of the opinion that the trial is being delayed
Patna High Court CR. MISC. No.13556 of 2024(2) dt.12-03-2024 3/3 due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.
(Partha Sarthy, J) avinash/- U T