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Patna High CourtCR. MISC./7105/2017bail granted

Nagendra Mahto @ Nagendra Kumar v. The State Of Bihar

2017-02-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7105 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Nagendra Mahto @ Nagendra Kumar, son of Ram Kishun Mahto, resident of village - Daulatpur, P.S. - Hajipur Sadar, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Hajipur Sadar P.S.Case No.101 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code. Submission advanced on behalf of the petitioner is that petitioner has not been arrested at the spot and recovery has been made from other accused persons. It has further been submitted that no doubt petitioner has been made accused in other two other cases, both are of the year 2016.

Heard learned APP also, who has not controverted the aforesaid submission.

Having heard both sides and considering the fact that petitioner has not been arrested at the spot and there is no recovery

Patna High Court Cr.Misc. No.7105 of 2017 (2) dt.20-02-2017 2/2 from his possession and has remained in custody for three months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, in connection with Hajipur Sadar P.S.Case No. 101 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 the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U