Umesh Mahato @ Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18758 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- MAHUA District- Vaishali ====================================================== UMESH MAHATO @ UMESH MAHTO Son of Late Shiv Mangal Mahto Resident of Village - Bhagwanpur Taraura, P.S.- Mahua, Distt - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Devi D/o Vinod Mahto Resident of Village - and P.O - Bhagwanpur Taraura, P.S.- Mahua, Distt - Vaishali.

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan, Advocate For the Opposite Party/s :

Ms.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mahua P.S. Case No. 176 of 2019, registered for the offence punishable under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is general and omnibus allegation. Specific allegation of overt act is against co-accused Mithilesh Mahto. Similarly situated co-

Patna High Court CR. MISC. No.18758 of 2020(3) dt.09-07-2020 2/2 accused have been granted bail by this court. Petitioner is in custody since 26.07.2019 having clean antecedent. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge VI, Vaishali at Hajipur in connection with Mahua P.S. Case No. 176 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T