Rameshwar Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14443 of 2017 Arising Out of PS.Case No. -36 Year- 2005 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Rameshwar Mahton, S/o Late Shibu Mahton, Resident of Village Pirnagar, P.S. Nawkothi District Begusarai.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikramdeo Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Nawkothi P.S.Case No. 36 of 2005 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per FIR there is no allegation against the petitioner, rather it is said that petitioner was present at the place of occurrence and he ordered for killing.
It has been submitted on behalf of the petitioner that there is no specific overt act alleged against the petitioner and he is in custody for a year and now charge has been framed in this case and the case is fixed for evidence.
Heard learned APP also.
Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Patna High Court Cr.Misc. No.14443 of 2017 (3) dt.20-04-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Begusarai, in connection with Sessions Trial No. 295 of 2016, arising out of Nawkothi P.S.Case No. 36 of 2005, subject to the conditions that :- (i) Both the bailors of the petitioner should be his close relatives having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall appear on each and every date in court and cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason and without permission of the court, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U