Shatrudhan Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24312 of 2018 Arising Out of PS.Case No. -175 Year- 2007 Thana -SHASTRINAGAR District- PATNA ====================================================== Shatrudhan Mahto son of Jhari Mahto, resident of village-Kovahi, PSPatepur, District-Vaishali. .... .... Petitioner/s

Versus

1. State of Bihar & Anr.

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

For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Sri Shyameshwar Dayal Mr. Kedar Singh, AC to Mr. Ramakant Sharma L.O., I/c Vig.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Special Case No. 13A of 2011, arising out of Shashtri Nagar P.S. Case No. 175 of 2007 registered for offences punishable under sections 466, 467, 471, 474, 420, 120B/34 IPC and 13 (2) and 13 (1) (d) of the P.C. Act.

The present case has been registered on the written report of Incharge Director of Forensic Science Laboratory, Patna. It is alleged that this petitioner being Pairvikar of one Umesh Kumar who is an accused of Jandaha P.S. Case No. 127 of 2008, manipulated a fabricated 'FSL' report to secure bail in his favour.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.24312 of 2018 (4) dt.18-05-2018 2/3 the accused Umesh Kumar has been acquitted in the aforesaid Jandaha P.S. Case No. 127 of 2008. The petitioner had or has no concern with the said case. The other co-accuseds namely Upendra Kumar Mahto, Nagendra Kumar Singh and Nand Kishore Chaurasia have been allowed bail by different coordinate Benches of this Court in Cr. Misc. No. 27912 of 2017 and Cr. Misc. No. 48800 of 2013. The petitioner is in custody since 27.01.2018 having clean antecedent.

The learned Assistant Counsel for the Vigilance opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-1st, Patna in connection with Special Case No. 13A of 2011, arising out of Shashtri Nagar P.S. Case No. 175 of 2007. subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or

Patna High Court Cr.Misc. No.24312 of 2018 (4) dt.18-05-2018 3/3 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.

(Sanjay Kumar, J) Mahesh/- U T