Dinesh Mahto @ Gaur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7104 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Dinesh Mahto @ Gaur Mahto, son of Baijnath Mahto resident of village - Chainpur, P.S. - Kurhani Turki (O.P.), District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Vaishali P.S.Case No. 236 of 2016 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on the basis of confessional statement of co-accused the name of the petitioner has transpired and nothing has been recovered from his possession and he has clean antecedent and remained in custody for four months.

Heard learned APP also.

Having heard both sides and considering the fact that there is no recovery from the possession of the petitioner and he has clean antecedent, coupled with the fact that petitioner has

Patna High Court Cr.Misc. No.7104 of 2017 (2) dt.20-02-2017 2/2 remained in custody for four months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, in connection with Vaishali P.S.Case No. 236 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U