Patna High CourtCR. MISC./34546/2020bail granted

Binod Mahto v. The State Of Bihar

2020-12-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34546 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== Binod Mahto, about 27 Y/M, son of Sri Dashrath Mahto R/o Village- jalaha, Ward No. 5, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2020 Heard Mr. Abhishekh Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

The petitioner seeks bail in connection with Narkatiaganj Rail P. S. Case No. 87 of 2019 dated 20.10.2019, instituted for offences under Sections 379, 411 and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 16.01.2020 passed in Cr. Misc. No. 1301 of 2020. However, while rejecting the prayer for bail, a Bench of this Court had directed that if

Patna High Court CR. MISC. No.34546 of 2020(2) dt.22-12-2020 2/3 the trial is not concluded within a period of three months, the petitioner would be at liberty to renew his prayer for bail.

In paragraph 10 of the bail petition, it has been stated that petitioner is in custody since 20.10.2019 and charges in this case have also not been framed. The petitioner is alleged to have stolen Rs. 25,00/- from the possession of a passenger in a running train.

Regard being had to the tardy progress of the trial and the period of custody, the petitioner, abovenamed, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Railway, West Champaran, Bettiah, in connection with Narkatiaganj Rail P. S. Case No. 87 of 2019. The petition stands allowed.

However, it is made clear that the petitioner

Patna High Court CR. MISC. No.34546 of 2020(2) dt.22-12-2020 3/3 shall participate in the trial and his absence even on one date in the proceedings would render his bail liable to be cancelled.

(Ashutosh Kumar, J) skm/- U T