Ranjeet Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13728 of 2024 Arising Out of PS. Case No.-487 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== RANJEET KUMAR MAHTO S/O RAMESHWAR MAHTO R/O VILLAGECHAURAHIYA, P.S- MUFFASIL, EAST CHAMPARAN MOTIHARI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anjali, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 487 of 2023 for the offence registered under sections 399, 401, 379, 413, 414, 120(B) and 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act lodged on 01.12.2023 by the informant, Ambesh Kumar.
3. As per the prosecution story, the informant alleged that upon information that criminals have assembled, the police team raided and arrested some of them. Further, from the car present there, certain electric wire recovered/seized. Accordingly, the FIR.
4. The name of the petitioner has also come in the
Patna High Court CR. MISC. No.13728 of 2024(2) dt.12-03-2024 2/3 case and further allegation of the police is that after raid, electric wire and other instruments recovered/seized.
5. Learned Counsel for the petitioner submits that he owns R.A. Enterprises, doing business, paying sales-tax, G.S.T and as such, recovery of the said electric wire from him does not put him in the category of accused.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail stating that after the raid, there is recovery of electric wire.
7. Considering the submissions put forward by the parties as also that the petitioner do not have criminal antecedent, FIR lodged, will be ultimately facing the trial, this Court is inclined to extend him privilege of anticipatory bail.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Paharpur P.S. Case No. 487 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.13728 of 2024(2) dt.12-03-2024 3/3 the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T