Indal Kumar @ Indal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31221 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Indal Kumar @ Indal Mahto Son of Late Chandeshwar Mahto Resident of Village - Sonbarsa, P.S. Sonbarsa, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Learned counsel for the petitioner is permitted to make necessary correction in the petition.

Heard the parties.

This application is for grant of bail in connection with Tr. No.1921 of 2016 arising out of Sonbarsa P.S.Case No.132 of 2016, registered for offences punishable under Sections 385 and 387 of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 20.12.2016 passed in Cr. Misc.No.54772 of 2016, with an observation that he may renew his prayer for bail after six months.

Submission of the learned counsel for the petitioner is that the petitioner is in custody for about six months after passing of

Patna High Court Cr.Misc. No.31221 of 2017 (2) dt.12-07-2017 2/3 order and in this case, charges have been framed and one witness has been examined and he has been declared hostile. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that there are 10 cases against this petitioner and also considering the earlier order that there is involvement of the petitioner in this case and there was recovery of one mobile. Considering the aforesaid fact and also considering the fact that he is in custody for more than one year, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- IV, Sitamarhi in connection with Tr. No.1921 of 2016 arising out of Sonbarsa P.S.Case No.132 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate 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 reasons, othersie, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J)

Patna High Court Cr.Misc. No.31221 of 2017 (2) dt.12-07-2017 3/3 chn/- U