Saheb Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51495 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -RIVILGANJ District- SARAN ====================================================== Saheb Mahto Son of Ram Bilash Mahto, resident of Village- Nawaji Tola Bintolia, P.S. Revilganj, District- Chapra, Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Revilganj P.S. Case No. 96 of 2016 registered for offences under sections 272, 273 of the Indian Penal Code and Section 47 of the Bihar Excise Act (Amendment) 2016. Earlier the petitioner had moved before this Court with a prayer for bail in Cr. Misc. No. 32710 of 2016 and this Court, vide order dated 20.8.2016, had rejected the prayer of the petitioner for bail with a liberty to renew his prayer for bail after completion of six months in jail custody. The petitioner is in custody since 19.5.2016.

Looking to the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.51495 of 2016 (2) dt.30-11-2016 the petitioner, namely, Saheb Mahto, 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 learned Additional Chief Judicial Magistrate-VII, Saran Chapra in connection with Revilganj P.S. Case No. 96 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T