Mithu Ram @ Mithlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5630 of 2018 Arising Out of PS.Case No. -98 Year- 2015 Thana -GOVINDPUR District- NAWADA ======================================================

1. Mithu Ram @ Mithlesh Ram, Son of Late Phagu Ram, Resident of Village- Sughri, Police Station- Govindpur, District- Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 20.09.2017 in connection with Govindpur P.S. Case No. 98 of 2015 for the offence registered under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner submits that admittedly the main allegation is against the co-accused, namely Ram Bali Ram and Karu Ram and at best, the petitioner can be treated to be a member of the MOB. It is further submitted that the co-accused Chotelal Ram, with similar allegation, has been extended the privilege of regular bail vide order dated 24.02.2016 passed in Cr. Misc. NO. 6148 of 2016.

Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused person has been granted regular bail by this Court, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Nawadah in connection with Govindpur P.S. Case No. 98of 2015, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) 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.

(Anjana Mishra, J) Jagdish/- U T