Pintu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34393 of 2022 Arising Out of PS. Case No.-416 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== PINTU MAHTO Son of Ramlal Singh @ Babua Mahto Resident of Village - Sonahar, P.s.- Sheosagar, Distt.- Rohtas, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Sheosagar P.S. Case No. 416 of 2021 for the offences under Sections 457 and 380 of the Indian Penal Code. The short FIR alleges that the petitioner barged into the informant's home in the night but was caught red handed along with the box. Subsequently, the police was called, the petitioner was arrested and the FIR was lodged. Learned counsel for the petitioner submits that though he has no criminal antecedent, has a suffered a lot by being in custody since 29.12.2021 (as stated in paragraph-8 of the bail

Patna High Court CR. MISC. No.34393 of 2022(2) dt.12-09-2022 2/3 application).

Taking into account the fact that he is in custody since 29.12.2021, charge sheet stands submitted and has no criminal antecedent, this Court is inclined to grant him privilege of bail. 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 learned ACJM, Sasaram, Rohtas in connection with Sheosagar P.S. Case NO. 416 of 2021, 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/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 fortnight for next six months to mark his presence; (iv) he 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 his bail bonds;

Patna High Court CR. MISC. No.34393 of 2022(2) dt.12-09-2022 3/3 (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 his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T