Marai Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45721 of 2019 Arising Out of PS. Case No.-181 Year-2016 Thana- KHAIRA District- Saran ====================================================== MARAI MAHTO Son of Late Bhagu Mahto Resident of Village- Maksuspur, P.S.- Khaira, District- Saran at Chhapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khaira P.S. Case No. 181 of 2016 registered for the offence punishable under Sections 1342, 323, 302/34 of the Indian Penal Code.

Petitioner had earlier moved this Court for anticipatory bail vide Cr. Misc. No. 30856 of 2017 which was rejected on 03.08.2017 and thereafter he moved this Court for regular bail vide Cr. Misc. No. 58791 of 2018 which was rejected on 31.10.2018 with a liberty to renew his prayer for bail after completing one year in custody.

Allegation against petitioner and other accused is of committing murder of younger brother of informant by

Patna High Court CR. MISC. No.45721 of 2019(2) dt.24-07-2019 2/2 strangulation due to political rivalry.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. X, Saran at Chapra, in connection with Khaira P.S. Case No. 181 of 2016 corresponding to S. Trial No. 130 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T