Bechan Mahton And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14463 of 2017 Arising Out of PS.Case No. -406 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Bechan Mahton, Son of Ram Bilash Mahton,

2. Raj Kumar @ Chorkilwa, Son of Ramphal Mahton, Both Resident of village - Simariaghat Lawki Bind Toli, P.S. Barauni, District - Begusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s : Mr. Sri Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Begusarai Nagar (Town) P.S. Case No. 406 of 2016 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a , 26, 35 of the Arms Act. Allegedly, acting on a tip off regarding assemblage of persons for committing dacoity, the informant raided the place and arrested the petitioners and others and recovered one loaded pistol from each of the petitioners.

Submission is of false implication and that the petitioners are in custody since 09.04.2016. The petitioners have got three cases besides this case and in all the cases they are on

Patna High Court Cr.Misc. No.14463 of 2017 (3) dt.26-04-2017 2/2 bail and, as such, they deserve sympathetic consideration. Coaccused Babna Kumar @ Baban Kumar has also been allowed bail by coordinate Bench of this Court vide Criminal Miscellaneous No. 11882 of 2017.

The learned A.P.P. fairly submits that the similarly situated co-accused has been allowed bail.

In the facts and circumstances as stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Begusarai in connection with Begusarai Nagar (Town) P.S. Case No. 406 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) Vats/- U T