Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41355 of 2019 Arising Out of PS. Case No.-438 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Jitendra Mahto Son of Ranjeet Kumar @ Ranjeet Mahto Resident of VillageNizampur, Police station- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code.

The petitioner was allowed bail in connection with Naubatpur P.S. Case No.438 of 2017 on 27.06.2018. The bail was cancelled by this Court by order dated 11.04.2019 in Cr. Misc. No.59704 of 2018 on the prayer of the informant that the petitioner had suppressed two criminal cases against him in the bail petition.

Patna High Court CR. MISC. No.41355 of 2019(9) dt.25-06-2020 2/3 Thereafter, petitioner was arrested on 13.05.2019 and the Court-below refused the prayer for bail by the impugned order dated 22.05.2019.

Learned counsel for the petitioner submits that the petitioner has already sufficiently been punished for the alleged act of suppression of fact. Moreover, the petitioner had filed supplementary affidavit bringing on the record two criminal cases against the petitioner. However, due to wrong mentioning of P.S. Case number that supplementary affidavit could not be placed on record.

Finding substance in the submission aforesaid, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.501 of 2018, arising out of Naubatpur P.S. Case No. 438 of 2017 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.41355 of 2019(9) dt.25-06-2020 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T