Muna Mahto @ Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13155 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Muna Mahto @ Munna Mahto, son of Ramjee Mahto, resident of VillageRam Nagar, Police Station- Dhangai, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Rajiva Ranjan, Advocate For the Opposite Party/s : Mr Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner.

This is a second attempt made by the petitioner for grant of regular bail in connection with Dhangai Police Station Case No 32 of 2016 registered for the offence under Section 302/34 of the Indian Penal Code.

It has been submitted by the petitioner that earlier the petitioner moved for bail and this Court, vide order dated 18.01.2017 passed in Cr Misc No 49999 of 2016, has rejected the prayer for bail of the petitioner with liberty to petitioner to renew his prayer for bail after framing of charge in this case. It has also been submitted that now charge has been framed. It is also submitted that there is no allegation of overt act against the petitioner and he was only present there armed with lalthi and now

Patna High Court Cr.Misc. No.13155 of 2017 (2) dt.22-03-2017 2/2 he has remained in custody for more than 8 months. Heard learned APP also.

Having heard both sides and in view of the submission as above, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI, Bhojpur, Ara in Sessions Trial No 468 of 2016 corresponding Dhangai Police Station Case No 32 of 2016, subject to the conditions that:- (i) One of the bailors of the petitioner shall be a local person 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 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, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) M.E.H./- U T