Ranjeet Kumar Mahto @ Nathu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53241 of 2024 Arising Out of PS. Case No.-190 Year-2012 Thana- KATEYA District- Gopalganj ====================================================== Ranjeet Kumar Mahto @ Nathu Son of Sudama Mahto R/O Vill.- Haziyapur, Ward no. 09, P.S.- Gopalpur, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Kateya P.S. Case No. 190 of 2012 dated 20.06.2012 registered for the offence punishable under Sections 395, 412 and 120B of the Indian Penal Code.
3. Mr. Shashank Shekhar, learned counsel for the petitioner submits that the instant matter relates to the misuse of the privilege of bail which was earlier granted to the petitioner by the trial court, in fact, the petitioner is a labourer by profession and he went outside to earn his livelihood and he did not misuse the said privilege. It is further submitted that the petitioner has been languishing in jail since 01.07.2024 and he undertakes to co-operate in his trial and he will remain present
Patna High Court CR. MISC. No.53241 of 2024(2) dt.06-08-2024 2/3 on each and every date before the trial court. It is further submitted that the petitioner has got fair and clean antecedent.
4. Though, Mr. Binod Kumar No.3, learned APP appearing for the State has opposed the bail prayer of the petitioner but submitted that the petitioner may be granted the relief of provisional bail for some period during which his conduct can be monitored by the trial court.
5. Having considered the above submissions and mainly taking into account the petitioner's fair and clean antecedent and his plea that he had gone outside for earning his livelihood during the relevant period when his bail bond was cancelled by the trial court and he is now ready to co-operate in his trial, in my opinion, in the said circumstances the petitioner deserves to the privilege of bail but only for some period so that his conduct can be monitored. Accordingly, the petitioner is directed to be released on provisional bail for the period of six months from today on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kateya P.S. Case No. 190 of 2012, on this condition that he shall cooperate in his trial and remain present on each and every date in person and if he co-operates in his trial in the said period then
Patna High Court CR. MISC. No.53241 of 2024(2) dt.06-08-2024 3/3 the trial court shall confirm the privilege on the same bail bond taken under this order, if he again misuses the privilege of bail then the trial court shall cancel his bail bond and take him into custody.
6. Accordingly, the instant petition stands disposed of. (Shailendra Singh, J) Rajiv/- U T