Bablu Mahto @ Bablu Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43797 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BALIYA District- Begusarai ====================================================== BABLU MAHTO @ BABLU MAHTON, Son of Ramotar Mahto, Resident of Mirzapur, P.S.-Ballia, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S. T. No.420 of 2018 arising out of Ballia P.S. Case No.75 of 2018 instituted for the offence under Section(s) 364, 302/34 Indian Penal Code. Prayer of the petitioners for bail was earlier rejected by this Court by order dated 27.11.2018 passed in Cr. Misc. No.42284 of 2018 with liberty to renew prayer for bail in the event no substantive progress is made in trial. Report of the trial Court has been received from which it appears that four witnesses out of eight have been examined. The case is fixed for evidence.

In the written report, it is alleged that petitioner along with other named accused had seen taking away husband of the informant.

Counsel for the petitioner further submits that co-

Patna High Court CR. MISC. No.43797 of 2019(3) dt.31-07-2019 2/2 accused, Upendra Yadav, has already been granted regular bail by this Court by order dated 25.07.2019 passed in Cr. Misc. No.37601 of 2019.

Counsel for the petitioner submits that Petitioner is in custody since 23.04.2018.

Keeping in view the period of custody coupled with fact that trial is not likely to be concluded within short period, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- XI, Begusarai, in connection with S. T. No.420 of 2018 arising out of Ballia P.S. Case No.75 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T