Sanatan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61943 of 2017 Arising Out of PS.Case No. -92 Year- 2012 Thana -MOKAMAH District- PATNA ======================================================
1. Sanatan Mahto, Son of Chunchun Mahto @ Ramkisun Mahto, resident of Village- Outa, P.S.- Hathidah, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Mokama P.S. Case No.92 of 2012 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code. It is alleged that some unknown persons came at Sharda Industries Pulse Mill and on the point of gun they looted Rs.1 lac and odd and fled away.
It has been submitted that the case has been registered against unknown. In course of investigation, one Anil Yadav was apprehended, who disclosed the name of this petitioner and other co-accused. The said Anil Yadav has been allowed bail by Sessions Judge, Patna in B.P. No.496 of 2013. The other co-
Patna High Court Cr.Misc. No.61943 of 2017 (3) dt.18-01-2018 accused, namely, Rocky Kumar, Himanshu Kumar, Amit Kumar and Abhishek Kumar have been allowed bail by different coordinate Bench of this Court in Cr.Misc.No.47605 of 2012, Cr.Misc.No.27398 of 2013, Cr.Misc.No.45560 of 2013 and Cr.Misc.No.34189 of 2014 respectively. The case of the petitioner stands on similar footing. He is in custody since 03.06.2017 having two criminal cases in which the petitioner is on bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Mokama P.S. Case No.92 of 2012, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal
Patna High Court Cr.Misc. No.61943 of 2017 (3) dt.18-01-2018 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 reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U