Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12473 of 2024 Arising Out of PS. Case No.-163 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Raju Mahto Son of Rajaram Mahto Resident of Village- Chakarbirdi, P.S. Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Bhagwanpur Hat P.S. Case No. 163 of 2022 instituted for the offence u/s 341, 323, 324, 307, 302/34 of the Indian Penal Code.

Earlier the application for regular bail of the petitioner was rejected by order dated 23.06.2023 passed in Cr. Misc. No. 16332 of 2023 with an observation to learned trial court to expedite the trial

2/4 and conclude the same as early as possible.

Allegation against the petitioner is that he gave knife blow on the chest of informant's family member, namely, Atish Kumar due to which he sustained injuries and succumbed to injuries.

Learned counsel for the petitioner submits that there is no hope to conclude the trial in near future. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, petitioner is languishing in judicial custody since 19.06.2022.

From perusal of the trial court report (kept at flag A), it appears that the case is pending for adducing prosecution witness and it will take 12 months to conclude the trial.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration the facts and

3/4 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwanpur Hat P.S. Case No. 163 of 2022 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 Chief Judicial Magistrate II, Siwan, subject to the following conditions:-

1. Petitioner shall co-operate in the trial ans shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. if the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the

4/4 prosecution will be at liberty to move for cancellation of bail.

(Sunil Kumar Panwar, J) Nirajkrs/- U T