Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11211 of 2022 Arising Out of PS. Case No.-713 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUNIL MAHTO S/o Rajendra Mahto R/o village- Sahbajpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjana For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 713 of 2020, for the offence punishable under Sections 412 and 414 of the Indian Penal Code and Section 20 and 22 of the N.D.P.S. Act.

As per allegation made in the F.I.R. one kilogram Ganga and cash of Rs.14,000/- was recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner,

Patna High Court CR. MISC. No.11211 of 2022(2) dt.13-06-2022 2/3 rather, the amount of Rs.14,000/- belongs to the petitioner out of his personal earning. He further submits that similarly situated co-accused Chintu Kumar @ Jhamoo has already been released on bail by a co-ordinate Bench of this Court vide order dated 13.08.2021 passed in Criminal Miscellaneous No. 16945 of 2021. The petitioner is in custody since 27.11.2020. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the name of the petitioner disclosed by the apprehended person and he is in custody since 27.11.2020 and other similarly situated co-accused have already been enlarged on bail, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Muzaffarpur in connection with Ahiyapur P.S. Case No. 713 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.11211 of 2022(2) dt.13-06-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T