Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37407 of 2020 Arising Out of PS. Case No.-338 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Ajay Mahto, aged about 31 years, Male, Son of Vindeshwar Mahto, Resident of Village- Gisara, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Dumra P.S. Case No. 338 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

Six persons, on two motorcycles, have allegedly intercepted the informant and snatched his motorcycle, cellular phone and some other belongings.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. On the basis of the coaccused Md. Saddam, the petitioner has been made accused in the present case. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail vide order dated 07.12.2020 passed in Cr. Misc. No.32316

Patna High Court CR. MISC. No.37407 of 2020(3) dt.02-03-2021 2/3 of 2020 and vide order dated 11.11.2020 passed in Cr. Misc. No.29057 of 2020. Learned counsel for the petitioner further submits that there is no recovery in the present case. Subsequent to this case, he has also been remanded in Parsauni P.S. Case No.67 of 2019.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 338 of 2019, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.37407 of 2020(3) dt.02-03-2021 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T