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Patna High CourtCR. MISC./6316/2017bail granted

Chunnu Kumar Mahto v. The State Of Bihar

2017-04-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6316 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chunnu Kumar Mahto Son of Jairam Mahto, Resident of VillageNonfarwa, P.S.- Patahi, District- East Champarn. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Patahi P.S. Case No. 154 of 2016 registered for the offences punishable under Sections 399, 402, 414, 411 of the Indian Penal Code and Sections 25 (1-b), a, 26 and 35 of the Arms Act.

Allegedly, the petitioner and others were apprehended when they were assembled to commit the crime, whereas some accused persons succeeded in fleeing away and from possession of the petitioner one loaded country made Katta, one wrist watch and one knife were recovered.

Submission is of false implication and that nothing has

Patna High Court Cr.Misc. No.6316 of 2017 (3) dt.19-04-2017 2/2 been recovered from possession of the petitioner. Co-accused Rup Lal Kumar Sah has been allowed bail vide Cri. Misc. No. 6945/17 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 19.11.2016, deserves sympathetic consideration.

The learned A.P.P. submits that from possession of the petitioner one loaded katta, knife and wrist watch were recovered. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Patahi P.S. Case No. 154 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T