Bipin Mahto @ Bipin Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34590 of 2017 Arising Out of PS.Case No. -406 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== BIPIN MAHTO @ BIPIN MAHTON S/o Late Rajo Mahto @ Dhasmath, R/o Simariya Ghat Bind Toli, P.S.- Barauni (Chakiya O.P.), DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Begusarai Town P.S.Case No. 406 of 2016 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1-B)(a), 26 and 35 of the Arms Act. Petitioner is not named in the FIR and it appears that his name transpires in the confessional statement of co-accused. It has been submitted on behalf of the petitioner that co-accused, in whose statement name of petitioner transpires, has been granted bail in Cr.Misc.No. 11882 of 2017, vide order dated 18.3.2017 and so far criminal antecedents are concerned, it has been submitted that he is on bail in those three other cases and now he is in custody for six months in this case. Heard learned APP also.

Patna High Court Cr.Misc. No.34590 of 2017 (2) dt.31-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S.Case No. 406 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or 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 and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U