Kapil Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17206 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- DEOKUND District- Aurangabad ====================================================== Kapil Mahto S/o Late Sheo Narayan Mahto R/o Village- Shital Dhari Bigha, P.O.- Hathiara, P.S.- Deo Kund, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Deokund P.S. Case No.50 of 2023, lodged on 25.10.2023, under Sections 307/379/341/323/324/325/504/506/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner against whom allegation of abuse and assault are made.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the specific allegation of assault is against coaccused Baban Mahto and Rajesh Mahto. Counsel further submits that allegation against the petitioner is of snatching
Patna High Court CR. MISC. No.17206 of 2024(2) dt.14-03-2024 2/3 golden chain from the neck of the informant. Counsel further submits that the informant and petitioner side belong to the same village and due to village politics the present case has been lodged. For the same date and place of occurrence there are two criminal cases have been filed. From the petitioner side Deokund P.S. Case No.51 of 2023 and from the informant side Deokund P.S. Case No.50 of 2023 have been lodged. The petitioner is in custody since 10.12.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad, in connection with Deokund P.S. Case No.50 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.17206 of 2024(2) dt.14-03-2024 3/3 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 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J) Mkr./- U T