Ramlakhan Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.24840 of 2018 (2) dt.07-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24840 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramlakhan Mahto Son of Late Mohan Mahto, Resident of VillageMadhuban Dih, P.S.-Madhuban, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.12.2017 in connection with Madhuban P.S. Case No. 188 of 2017 for the offences alleged under Sections 457, 380 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons and except the extra judicial confessional statement of co-accused Raju Kumar, there is no other material to connect the petitioner with the alleged occurrence. Similarly situated co-accused Dhananjay Mahto who has also been named by the said Raju Kumar has been granted bail by this Court in Cr. Misc. No. 14762 of 2018. No recovery of any incriminating articles has been made from the possession of the petitioner.

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/-

Patna High Court Cr.Misc. No.24840 of 2018 (2) dt.07-05-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 188 of 2017, 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/- U T