Dr. Munna Mahto @ Subodh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40679 of 2017 Arising Out of PS.Case No. -228 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Dr. Munna Mahto @ Subodh Kumar Mahto, Son of Ramashray Mahto, R/o Village- Khetapur Dharampur, P.S.- Sarai Ranjan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jandaha P.S. Case No. 228 of 2015 instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that neither there is any recovery of incriminating article from possession of this petitioner nor any Test Identification Parade has been held in this case. The petitioner has clean antecedent. The petitioner is not named in the written report. His name has come during investigation on the basis of confessional statement of Birendra Sada and Chandra Prakash. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.40679 of 2017 (4) dt.02-02-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jandaha P.S. Case No. 228 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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.

(Sanjay Priya, J) S.Ali/- U T