Patna High CourtCR. MISC./6315/2018bail granted

Manoj Mahto @ Lakhania @ Manoj Prasad v. The State Of Bihar

2018-02-01Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6315 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6315 of 2018 Arising Out of PS.Case No. -247 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== MANOJ MAHTO @ LAKHANIA @ MANOJ PRASAD, s/o late Ram Kishun Mahto, r/o. vill. Gulni, P.S. Hilsa, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.10.2017 in connection with Chandi P.S. Case No. 247 of 2016 for the alleged offences under Sections 307,120B) of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with long standing land dispute between the parties. Similarly situated co-accused Ram Pravesh Yadav @ Ram Pravesh Prasad and Manoj Kumar Brahmachari have been granted anticipatory bail by this Court in Cr. Misc. No. 2679 of 2017. It is submitted that charge sheet has been submitted in this case and hence there is no chance of tampering with the evidence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 A.C.J.M., Hilsa in connection with Chandi P.S. Case No. 247 of 2016 on the following conditions:-

Patna High Court Cr.Misc. No.6315 of 2018 (2) dt.01-02-2018 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. (Vikash Jain, J) Chandran/BT U T