Ramesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50281 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ramesh Mahto S/o Rajendra Mahto R/o Village- Shripur, Ward No. 03, P.S.- Cheriyabariyarpur, District- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and the learned APP The petitioner has moved this Court for grant of bail in connection with Cheria Bariarpur P.S. Case No. 218 of 2020 dated 22.10.2020 for the offence under sections 394 and 411 of the Indian Penal Code (G.R.No. 317 of 2020). Allegation amongst other is/are that three unknown persons snatched bullet motorcycle of the informant and in the process they also assaulted him.

Subsequently, on the basis of confessional statement of co-accused Chandan Mahto, the petitioner was apprehended.

After perusing the FIR, it appears that the case was

Patna High Court CR. MISC. No.50281 of 2021(2) dt.30-03-2022 2/3 instituted against unknown persons and no specific act was attributed to the petitioner herein rather it is general in nature. The petitioner is in jail custody since 13.1.2021. The petitioner has got criminal antecedent as would appear from para-3 of the bail application.

Considering the aforesaid facts and circumstances as also the fact that there is no specific act attributed against the petitioner during the course of commission of offence and that the co-accused Chandan Mahto on whose confessional statement, the petitioner came to be nabbed has since been released on bail in Cr. Misc. No. 13339 of 2021 vide order dated 9.8.2021, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai, in connection with Cheria Bariarpur P.S. Case No. 218 of 2020 subject to the following conditions:

(i) one of the bailors must be family member of the petitioner who shall submit an affidavit showing his relationship with him. The bailor will have the duty to inform the Court if there is any change in the address of the petitioner; (ii) the petitioner will visit the Suryagarha police

Patna High Court CR. MISC. No.50281 of 2021(2) dt.30-03-2022 3/3 station every fortnight for the next six months and mark his presence there;

(iii) the petitioner shall cooperate with the trial and will ensure his presence on each and every date. Failure to do so for two consecutive two dates, his bail bonds shall be cancelled by the learned court below.

With the observation and condition stipulated above, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T