Munshi Mahto @ Munsi Mahto @ Manshi Kumar Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27218 of 2022 Arising Out of PS. Case No.-375 Year-2021 Thana- TARAIYA District- Saran ====================================================== MUNSHI MAHTO @ MUNSI MAHTO @ MANSHI KUMAR MAHATO Son of Bigan Mahto Resident of Village - Devlakha, Bhithi, P.s.- Baniyapur, Dsitt.- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Parashar, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under sections 406, 420, 120(B) of the Indian Penal Code in connection with Taraiya P.S. Case No. 375 of 2021.
As per the allegation in the FIR, the informant has alleged that the pick-up van was overtaken by a car and after stopping it, the driver was pulled out and they fled away with the pick-up van. However, from the GPS installed in the said pick-up van, it was found standing at a petrol pump. During the investigation, the name of the accused
Patna High Court CR. MISC. No.27218 of 2022(2) dt.26-08-2022 2/3 persons including the petitioner herein cropped up. Accordingly, he came to in judicial custody and is in jail since 2.2.2022 (as stated in para-9 of the bail application).
Considering the aforesaid fact that the petitioner is in custody since 2.2.2022, the charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail after framing of the charges. Let the 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 A.C.J.M.-Ist, Saran at Chapra, in connection with Taraiya P.S. Case No. 375 of 2021 after framing of charges subject to the following conditions: (i) one of the bailors should be the family members 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 reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every month till conclusion of the trial to mark his presence;
Patna High Court CR. MISC. No.27218 of 2022(2) dt.26-08-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T