Nagmani Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17112 of 2019 Arising Out of PS. Case No.-11 Year-2015 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Nagmani Mahto, Son of Jai Prakash Mahto, Resident of Village- Kumbhi, P.S.- Cheriya Bariyarpur, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Dhar Jha For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 411, 412 of the Indian Penal Code Sections 25(1-b), 26, 35 of the Arms Act. Petitioner is in custody since 31.01.2015. A loaded country made pistol was recovered form possession of the petitioner. The impugned order would reveal that co-accused Chhotan Mahto has been allowed bail by a Co-Ordinate Bench of this Court in Cr. Misc. No. 39111 of 2015. Prayer for bail of the petitioner was refused only for the criminal antecedent of the petitioner.
Considering the period already undergone by the petitioner and non-completion of the trial, let the petitioner,
Patna High Court CR. MISC. No.17112 of 2019(2) dt.01-05-2019 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 148 of 2018 arising out of Cheriya Bariyarpur Police Station Case No. 11 of 2015, with the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below having immovable property.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Rajan/Banti U T