Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49438 of 2019 In CRIMINAL MISCELLANEOUS No.24202 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- BALIYA District- Begusarai ====================================================== DINESH MAHTO Son of Chandradeo Mahto Resident of Village - Baburbani Kishanpur, P.S.- Baliya, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rohit Raj, Advocate For the Opposite Party :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the parties.

Petitioner's prayer for bail was earlier refused by a bench of this Court vide order dated 18.4.2019, passed in Cr.Mis.No. 24202 of 2019 with liberty to renew the prayer for bail after framing of charge.

Report of the Presiding officer, FTC II, Begusarai dated 20.8.2019, called for by this Court vide order dated 7.8.2019, reflects that out of five prosecution witnesses, one has already been examined and in respect of appearance of rest witnesses who are police officials, summons have already been issued and the trial is expected to be concluded within six months.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.11.2018 and Similarly situated co-accused Rudal Yadav and Ranveer Yadav have already been allowed bail by different benches of this Court vide orders dated 19.4.2019 & 16.5.2019, passed in Cr.Mis.No. 25217 and 32251 of 2019.

In view of the aforesaid facts, let the petitioner,

Patna High Court CR. MISC. No.49438 of 2019(3) dt.06-11-2019 2/2 mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Begusarai in Sessions Trial No. 287 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T