Abodh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39316 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Abodh Mahto Son Of Dashai Mahto Resident Of Village- Khalilpur, PsKarja, Distt- Muzaffarpur, ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Goraul P.S. Case No. 245 of 2022 lodged under Section 414 of the I.P.C. read with Section 25(1-b)a /26/35 of the Arms Act.

3. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner has been rejected vide order dated 25.02.2023 passed in Cr. Misc. No. 62501 of 2022 granting liberty to the petitioner to renew his prayer for bail after framing of charge.

4. Counsel further submits that charge has been framed in this case on 31.03.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that charge has already been framed in this case.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.39316 of 2023(4) dt.01-09-2023 2/2 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Vaishali at Hajipur, in connection with Goraul P.S. Case No. 245 of 2022, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) prakashmani/- U T