Nage Mahto @ Nago Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32303 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Nage Mahto @ Nago Mahto, son of Late Ramdeo Mahto resident of Village- Raghopur, Bind Toli, P.S. Parwatta, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2016 Heard Sri Janki Nandan Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 30-04-2015 in Sultanganj P.S. Case No. 57 of 2015 (G.R. No. 1014 of 2015) registered for offence under Sections 386, 387, 379 & 34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. He submits that F.I.R. was lodged against five accused persons, whereas, petitioner was not arrayed as accused. During investigation, on confessional statement of one of the co-accused, petitioner's name has come and it has further been alleged that tape-recorder of the stolen Sumo was recovered from the house of

Patna High Court Cr.Misc. No.32303 of 2016 (2) dt.19-08-2016 2/2 the petitioner.

Learned Addl. Public Prosecutor opposing the prayer submits that petitioner is having criminal antecedent. In view of the fact that petitioner's name has come on confession of the co-accused as well as the fact that petitioner is in custody since 30-04-2015, let the petitioner namely Nage Mahto @ Nago Mahto be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - Ist, Bhagalpur in connection with Sultanganj P.S. Case No. 57 of 2015 (G.R.No. 1014 of 2015), with condition that one of the bailor must be blood relation of the petitioner and secondly, during the trial on each and every date, the petitioner shall remain physically present. If continuously on two dates, the petitioner fails to appear before the court below, without prior permission of the trial court, his bail-bond shall stand automatically cancelled. (Rakesh Kumar, J.) Anay U T