Patna High CourtCR. MISC./17225/2019bail granted

Botal Mahto @ Sikku v. The State Of Bihar

2019-04-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17225 of 2019 Arising Out of PS. Case No.-499 Year-2017 Thana- RUPASPUR District- Patna ====================================================== BOTAL MAHTO @ SIKKU Son of Rabishankar Singh R/o village- Ratnarh, P.S- Garhani , District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 499 of 2017, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act. The allegation is regarding the petitioner and other accused persons having assembled to commit dacoity while they were apprehended, four live cartridges and a mobile phone are said to have been recovered from the possession of the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of his bad antecedent inasmuch as he is accused

Patna High Court CR. MISC. No.17225 of 2019(2) dt.02-04-2019 2/2 in 21 other cases. The petitioner is said to be languishing in custody since 25.12.2017.

Having regard to the facts and circumstances of the case, though, this Court is inclined to grant bail to the petitioner herein, but on condition that he would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week, failing which the privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith. Subject to the aforesaid conditions, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur (Patna) in connection with Rupaspur P.S. Case No. 499 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T