Patna High CourtCR. MISC./31360/2017bail granted

Mahesh Sah v. The State Of Bihar

2017-08-10Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.31360 of 2017 (4) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31360 of 2017 Arising Out of PS.Case No. -26 Year- 2014 Thana -BELA District- SITAMARHI ====================================================== Mahesh Sah Son of Late Sahdeo Sah, Resident of Village- Kachaharipur, Police Station- Soneversa, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.03.2017 in connection with Bela P.S. Case No. 26 of 2014 for the offences alleged under Sections 323, 363, 364 and 365 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the complaint has been filed after considerable delay. Similarly situated co-accused Baidynath Baitha @ Baijnath Baitha has been granted bail by this Court in Cr. Misc. No. 5848 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.31360 of 2017 (4) dt.10-08-2017 satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bela P.S. Case No. 26 of 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T