← Library
Patna High CourtCR. MISC./45929/2015bail granted

Ram Ekbal Mahto v. The State Of Bihar

2015-10-08The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45929 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -KHUTAUNA District- MADHUBANI ====================================================== Ram Ekbal Mahto Son of Sita Ram Mahto R/o Village - Sihula Siktiyahi, P.S. Khatauna, District - Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Kanhaiya Prasad Singh, Senior Advocate Mr. Sanjay Kumar Jha, Advocate For the Opposite Party : Mr. Ram Shankar Das, SPL.P.P. For the Informant :

Mr. Rajiv Ranjan, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 08-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ram Ekbal Mahto, in connection with Khutauna Police Station Case No. 19 of 2015, under Sections 302/34/354(B)/448 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Perused the above application and materials on record.

Heard Mr. Kanhaiya Prasad Singh, learned Senior Counsel for the petitioner, and Mr. R. S. Das, learned Special Public Prosecutor, appearing on behalf of the State. Heard also

Patna High Court Cr.Misc. No.45929 of 2015 (2) dt.08-10-2015 2/3 Mr. Rajiv Ranjan, learned Counsel, appearing for the informant. In view of the fact that the accused above-named has been in custody since 09.03.2015 in connection with the case aforementioned, charge sheet has been, admittedly, submitted and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs.

10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani, in connection with Khutauna Police Station Case No. 19 of 2015. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions,

Patna High Court Cr.Misc. No.45929 of 2015 (2) dt.08-10-2015 3/3 this bail application shall stand disposed of. (I.A. Ansari, ACJ) Pawan/- U T