Ajay Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.46066 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46066 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Ajay Mahto son of Banarsi Mahto, Resident of village- Chand Parsa, P.S.- Kesariya, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan, Advocate. For the Opposite Party/s: Mr. Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Sections 395 of the Indian Penal Code and Section 27 of the Arms Act and the admitted position that the petitioner was not named in the F.I.R. and his involvement has surfaced only on the confessional statement of one Sanjay Sahani from whom there was a recovery of Rs. 45,570/-, this Court, by taking into account that the petitioner has also got no criminal antecedent, would be inclined to grant privilege of anticipatory bail to the petitioner. That being so, if the petitioner, namely, Ajay Mahto, surrenders before the court below within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Sri B.K.Choubey, learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 23 of 2015; subject to the

Patna High Court Cr.Misc. No.46066 of 2015 (2) dt.05-11-2015 following conditions:

(i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of his bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U