Kailash Mahton @ Kailash Mahto @ Kailu Mahto@ Kailu Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18669 of 2023 Arising Out of PS. Case No.-136 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== KAILASH MAHTON @ KAILASH MAHTO @ KAILU MAHTO@ KAILU MAHTON S/O LATE JHOJHO MAHTO @ JHOJHO MAHTO R/O VILLAGE- MATHIHANI, P.S- MATIHANI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Matihani P.S. Case No.136 of 2020 instituted under Sections 341,323,337,338,307,504,506,34 of the Indian Penal Code.

As per the allegation in the FIR, the informant has alleged that amongst other, it was the petitioner herein who had assaulted Pramila Devi, causing grievous injury to her. Earlier the petitioner had moved before this Court vide Cr. Misc. No.25138 of 2022 which was rejected on 18.08.2022.

Considering the period of of custody (07-03-2022), as stated in para-13 as also the fact that ultimately he has to face

Patna High Court CR. MISC. No.18669 of 2023(2) dt.22-03-2023 2/3 the Trial, this Court is inclined to grant him privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Matihani P.S. Case No.136 of 2020 to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.18669 of 2023(2) dt.22-03-2023 3/3 criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T