Binod Kumar Mahtha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1386 of 2015 Arising out of P.S. Case No. -71 Year- 2014 Thana -C.B.I CASE District- PATNA =================================================== Binod Kumar Mahtha S/o Late Brahmdeo Mahtha Resident of Village - Sudama Nagar Bhadauni, P.S. - Nawada, District - Nawada, At present Circle Ameen, Bakhari, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Director General of Police, Vigilance Investigation Bureau, Bihar, Patna.

3. The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna.

4. The Deputy Superintendent of Police-cum-Officer-incharge, Vigilance P.S., 6, Circular Road, Patna.

5. The Police Inspector, Vigilance Investigation Bureau, Saharsa Region, Saharsa.

6. The Assistant Inspector of Police, Vigilance Investigation Bureau, Bihar, Patna.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha, Adv. For the Opposite Party/s : Mr. Dinesh Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

16.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 7, 13(2) read with 13(i)(d) of the Prevention of Atrocities Act, 1988.

Considering that the Petitioner is in custody since 30.09.2014 and the entire case is based on documentary evidence which has already been collected and, hence, no useful purpose would be served in keeping

Patna High Court Cr.Misc. No.1386 of 2015 (2) dt.16-01-2015 him behind the bars, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Special Judge, Vigilance-II, Patna in connection with Vigilance P.S. Case No. 71 of 2014 arising out of Special Case No. 58 of 2014 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)