Uma Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47554 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- TEYAR District- Bhojpur ====================================================== UMA SHANKAR MAHTO, aged about 50 years, male, Son of Late Lal Mohan Mahto Resident of Village - Udiyan Tola, P.S.- Tiyar, Distt - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 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, 504, 379, 307 of the Indian Penal Code registered in connection with Tiyar P.S. Case No. 08 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute. The petitioner is alleged merely to be the order giver and stands on better footing than co-accused Virendra Yadav @ Virendra Singh and Pashuram Yadav @ Parshuram Yadav who is said to have attempted to kill the complainant with a scarf around his neck, who have been granted anticipatory bail by this Court in Cr. Misc. No. 30797 of 2019. It is submitted that no injuries has been caused to anyone. 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

Patna High Court CR. MISC. No.47554 of 2019(2) dt.31-07-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Damodar Singh, learned Judicial Magistrate, Ara in connection with Tiyar P.S. Case No. 08 of 2019, 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.

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

(iii) That the petitioner shall cooperate 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) 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) Ibrar//- U T