Patna High CourtCR. MISC./11835/2020allowed

Bipin Mahto @ Bipin Kumar @ Vipin Mahto v. The State Of Bihar

2020-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11835 of 2020 Arising Out of PS. Case No.-52 Year-2017 Thana- HATHIDAH District- Patna ====================================================== Bipin Mahto @ Bipin Kumar @ Vipin Mahto, Son of Late Rajo Mahto @ Radho Mahto Resident of Village - Simariya Ghat, Bind Toli, P.S.- Chakiya, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhaskar Shankar, Advocate For the Opposite Party :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 839 of 2019 arising out of Hathidah P.S. Case No. 52 of 2017 for the offence under Section 395 of the Indian Penal Code and subsequently, Section 412 of the IPC has been added. Learned counsel for the petitioner would submit that the first information report was lodged against 12-15 unknown persons. Earlier the petitioner has approached this Court in Cr. Misc. No. 41106 of 2018 which was dismissed on 25.09.2018. The petitioner again approached this Court in Cr. Misc. No. 25391 of 2019 which was dismissed on 24.04.2019 with liberty to the petitioner to renew his prayer for bail if the trial is not concluded. More than one year has elapsed but the trial has not been concluded.

Patna High Court CR. MISC. No.11835 of 2020(2) dt.05-06-2020 2/2 In view of the observations made by this Court in the order dated 24.04.2019 passed in Cr. Misc. No. 25391 of 2019, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Barh, District Patna in connection with Sessions Trial No. 839 of 2019 arising out of Hathidah P.S. Case No. 52 of 2017, subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

The petitioner is required to cooperate the court below for early disposal of the case. If the petitioner adopts dilly-dallying tactics in conclusion of the trial, the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T