Ram Nandan Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45562 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Ram Nandan Mahton Son of Late Domi Mahton, resident of VillagePakari, P.S. Birpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Learned counsel for the petitioner is given permission to make necessary correction in para 5 of the bail petition. Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Birpur P.S. Case No. 01/2018, instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is no any specific allegation of causing hurt to anybody against this petitioner. Specific allegation of making firing is against co-accused Dheeraj Kumar and Jogi Mahto. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.45562 of 2018 (2) dt.10-08-2018 2/2 the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Birpur P.S. Case No. 01/2018, 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 the learned A.C.J.M. 1st, Begusarai, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.) Rakhi U T