Lakshman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24522 of 2020 Arising Out of PS. Case No.-144 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== LAKSHMAN MAHTO Son of Late Ram Prasad Mahto Resident of VillageKhaira, P.S.- Bhairab Asthan, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.24522 of 2020(2) dt.23-09-2020 2/3 petitioner is not named in the FIR and has been apprehended only after recovery of the mobile of the deceased from his possession. He submits that petitioner has been made accused in this case only on the confessional statement of co-accused Ranjeet Mahto who has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 8196 of 2019 on 15.02.2019. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 22.02.2020. In the facts and circumstances of the case, let the petitioner, 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 the learned Judicial Magistrate 1st Class, Madhubani in connection with Raj Nagar Police Station Case No. 144 of 2017 subject to the conditions that:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and

Patna High Court CR. MISC. No.24522 of 2020(2) dt.23-09-2020 3/3 sufficient reason, the trial court will be at liberty to cancel his bail bond.

(III) 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. (Anjani Kumar Sharan, J) devendra/- U T