Patna High CourtCR. MISC./17201/2016bail granted

Miscall @ Miscall Mahto @ Ram Sagun Mahto v. The State Of Bihar

2016-04-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17201 of 2016 Arising Out of PS.Case No. -199 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Miscall @ Miscall Mahto @ Ram Sagun Mahto Son of Jogindra Mahto R/o Khanjapur, Arjun tol, Cheria Bariarpur, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and the learned counsel for the State.

In this case the petitioner seeks bail in Khodawandpur P.S.Case No. 199/2014, S.T.No. 124/2016, instituted for the offences under sections 364, 328, 34 of the Indian Penal Code and section 25(1-b)a/35 of the Arms Act.

As per the First Information Report, wife of Murari Mahto called the informant on mobile and Murari Mahto returned and found his wife alongwith the informant and assaulted them with leg and fists. The accused persons took the informant on a Bolero Jeep for the purposes of committing murder but he could save his life and in the meantime, the police has intervened in the matter.

The petitioner was earlier granted bail by the Sessions

Patna High Court Cr.Misc. No.17201 of 2016 (2) dt.26-04-2016 Judge vide order dated 25.6.2015, where one of the conditions was made that he will be granted bail subject to the condition that he should not have any criminal history and later on, he filed an application for modification of the order but the learned Sessions Judge has refused to grant him bail for suppression of material fact with regard to criminal antecedent. The petitioner is in jail since 31.3.2015.

Looking to the period of custody, let the petitioner, Miscall @ Miscall Mahto @ Ram Sagun Mahto, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VII, Begusarai in S.T. No. 124/2016 arising out of Khodawandpur P.S.Case No. 199/2014.

(Shivaji Pandey, J) Surendra/- U