Prahlad Mahto @ Prahalad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46310 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- KAMTAUL District- Darbhanga ====================================================== PRAHLAD MAHTO @ PRAHALAD MAHTO Son of Mauje Mahto @ Mauje Lal Mahto Resident of village - Birne, P.S.- Kamtaul, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Issue show cause notice to the Judicial Magistrate, 1st Class, Darbhanga as to why he has not accepted the bail bond of the petitioner.

Learned counsel for the petitioner submits that vide order dated 11.04.2022, the bail bond of the petitioner was cancelled on the ground that the petitioner has been implicated more cases other than the present case. Petitioner has not suppressed any facts and he has already mentioned in the bail petition that petitioner has one more cases other than the present case i.e. Benipur P.S. Case No.67 of 2021. Despite of that fact the learned Trial Court has refused the bail bond of the

Patna High Court CR. MISC. No.46310 of 2023(2) dt.19-07-2023 2/2 petitioner.

In view of the aforesaid, the order dated 11.04.2022 passed by learned Judicial Magistrate, 1st Class, Darbhanga in connection with Kamtaul P.S. Case No.49 of 2021 is hereby set aside and the learned trial court is directed to accept the bail bond in terms as mentioned in the order dated 05.04.2022 passed in Cr. Misc. No.53039 of 2021.

Accordingly, the present application disposed of. (Rajesh Kumar Verma, J) mdrashid/- U T