Ajay Kumar Mahto @ Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77275 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- KHANPURA District- Samastipur ====================================================== Ajay Kumar Mahto @ Ajay Mahto Son of Bindeshwar Mahto @ Vindeshwar Mahto, Resident of Village- Madhu Tole, P.S.- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 354 and 379/34 IPC registered in connection with Khanpur P.S. Case No. 123 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of petty dispute. There is case and counter case between the parties. The petitioners are agnets and the accusations are general and omnibus in nature and there is no specific accusation of assault against the petitioner. The injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 SDJM, Samastipur in connection with Khanpur P.S. Case No. 123 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.77275 of 2018(3) dt.31-01-2019 2/2 ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U T