Patna High CourtCR. MISC./46777/2015bail granted

Nageshwar Mahto @ Nago Mahto v. The State Of Bihar

2015-10-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46777 of 2015 Arising Out of PS.Case No. -198 Year- 2014 Thana -BAKHRI District- BEGUSARAI ====================================================== Nageshwar Mahto @ Nago Mahto, S/o Rajendra Mahto, Resident of Village- Bakhri Pachim, P.S.- Bakhri District -Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 189 of 2015 arising out of Bakhri P.S. Case No. 198 of 2014 registered under Sections 414, 120-B of the Indian Penal Code, 25(1-B)(a), 26 and 35 of the Arms Act and 3 and 4 of the Explosive Substances Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 04.12.2014 passed in Cr. Misc. No. 43264 of 2014 with following observations:- "Since the petitioner is in custody, learned Chief Judicial Magistrate, Begusarai is directed to hold

Patna High Court Cr.Misc. No.46777 of 2015 (2) dt.07-10-2015 2 / 2 the trial on day-to-day basis and conclude the same as early as possible, preferably within nine months from the date of receipt/production of the copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail." It is contended that though the petitioner is in custody since 1st January, 2014, till date no witness has been examined on behalf of the prosecution during trial. Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd, Begusarai in connection with Sessions Trial No. 189 of 2015 arising out of Bakhri P.S. Case No. 198 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T