Guru Mahto @ Gurudeo Mahto @ Garu Mahto @ Gurudeo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44561 of 2017 Arising Out of PS. Case No.-54 Year-2016 Thana- KATORIA District- Banka ====================================================== Guru Mahto @ Gurudeo Mahto @ Garu Mahto @ Gurudeo, Son of Late Kunni Mahto, resident of Village- Kumbhabank, P.S. Katoria (Jaipur), District- Banka.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-11-2017 Heard Sri Brij Nandan Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is second attempt for grant of bail on behalf of the petitioner. The petitioner is in custody since 03.06.2016 in Katoria (Jaipur) P.S. Case No.54/2016, corresponding to Sessions Trial No.314/2017. Earlier the prayer for bail of the petitioner was rejected on 15.12.2016 vide Cr.Misc.No.44122 of 2016. The prayer for grant of bail of the petitioner was rejected for the present.

Learned counsel for the petitioner submits that despite the petitioner has sufficiently remained in custody, till date not even single witness has been examined.

In this case, earlier a report was called for, which has been

Patna High Court Cr.Misc. No.44561 of 2017(3) dt.01-11-2017 2/2 received and kept at Flag-A. On perusal of the report itself, it is evident that no witness has been examined till date. Considering the period of custody as well as earlier observation made in the order dated 15.12.2016 passed in Cr.Misc.No.44122 of 2016, let the petitioner, namely, Guru Mahto @ Gurudeo Mahto @ Garu Mahto @ Gurudeo be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Banka in connection with Katoria(Jaipur) P.S. Case No.54/2016 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) during trial, the petitioner shall remain physically present before the trial court on each and every date. If continuously on two dates the petitioner remains absent without prior permission of the trial court, his bail bond shall stand automatically cancelled. (Rakesh Kumar, J) nawalkrs/- U T