Vikash Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19442 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- BETTIAH CITY DistrictWest Champaran ====================================================== Vikash Kumar Mahto aged about 29 years, male, S/o Raj Kishore Mahto, Resident of Village-Barwat Pasrain, P.S-Bettiah Muffasil, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 387 of the Indian Penal Code registered in connection with Bettiah Town P.S. Case No. 337 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. The petitioner's name has transpired on the extra judicial confessional statement of co-accused Sunny Kumar Singh and Ranjan Kumar, except which there is other material to connect the petitioner with the alleged occurrence. Similarly situated coaccused Rohit Kumar has been granted bail by this Court in Cr. Misc. No. 5799 of 2019. The petitioner is accused in two other cases of similar nature, in one of which he has been granted anticipatory bail by this Court in Cr. Misc. No. 16334 of 2019. He is also on bail in other case.

4. Considering the submission of the petitioner that no

Patna High Court CR. MISC. No.19442 of 2019(2) dt.01-04-2019 2/2 offence of extortion was made out against him, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 337 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T