Mantu Ram @ Manti Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43835 of 2018 Arising Out of PS.Case No. -16 Year- 2005 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Mantu Ram @ Manti Ram, S/o Satahu Ram, Resident of Village- Kotwa Vriti Tola, P.S.- Kotwa, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 04.06.2018 in connection with Tr. No. 227 of 2018 arising out of Kotwa P.S. Case No.16 of 2005 registered for the offence under Sections 420, 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the petitioner was granted bail. On account of misuse of the privilege of bail, as the petitioner had gone to Punjab for earning his livelihood, the petitioner has once again been taken into custody and is languishing in jail. Learned counsel for the petitioner further submits that the petitioner is willing and ready to follow any condition which may be imposed by this Court if granted the privilege of bail.

In view of the aforementioned facts and circumstances and the reasons assigned in the present

Patna High Court Cr.Misc. No.43835 of 2018 (2) dt.01-08-2018 2/2 application, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri. O.P. Srivastava, 1st Class Judicial Magistrate, Motihari, in connection with Tr. No. 227 of 2018 arising out of Kotwa P.S. Case No.16 of 2005, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, 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) PNM U T