Suresh Mahto @ Suresh Bhagat @ Ramesh Bhagat @ Ramesh Prasad Kushwaha @ Ramesh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59607 of 2017 Arising Out of PS.Case No. -400 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Suresh Mahto @ Suresh Bhagat @ Ramesh Bhagat @ Ramesh Prasad Kushwaha @ Ramesh Kushwaha S/o Late Bashudeo Bhagat @ Late Sundar Bhagat @ Late Sundar Mahto, R/o Village- Malpurawa, P.S.- Bagaha, District- West Champaran, At present Vill.- Check Naka Rampur, P.S.- Laukariya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bettiah Town P.S. Case No. 400 of 2017 instituted for the offence under Sections 411,420,467,468,471 of the IPC.

It is alleged in the written report that the petitioner was appointed at two places, on the basis of same name and was working in the office of Bihar Homeguards of District Commandant Office.

Counsel for the petitioner has been submitted that both Ramesh Prasad Kushwaha and Suresh Mahto are different persons and both are given different nos. 5847 and 6120. It has been submitted that one of the accused persons has already been

Patna High Court Cr.Misc. No.59607 of 2017 (2) dt.12-12-2017 2/2 granted anticipatory bail vide order dated 17.11.2017 passed in Cr. Misc. No. 49262 of 2017 by co-ordinate Bench of this Court. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bettiah (Town) P.S. Case No. 400 of 2017 to the satisfaction of learned C.J.M., Bettiah, West Champaran subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (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.