Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 52653 of 2023 Arising Out of PS. Case No.-378 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== AJAY MAHTO son of Ram Rekha Singh @ Ram Rekha Mahto VillageDhodhana Ps- Dumra Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

Ms. Ruchi Acharya, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 07.04.2023 seeks bail, in connection with Dumra P.S. Case No.378/2020, dated 24.11.2020, for the offences punishable under Sections 363, 365 of the IPC and later on Sections 364, 302, 120B/34 of the IPC were added.

3. According to prosecution case, the petitioner is alleged to have abducted the son of the informant and thereafter killed him.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation

Patna High Court CR. MISC. No. 52653 of 2023(2) dt.22-08-2023 2/3 on the basis of confessional statement of the co-accused namely Sunil Mahto and except the confessional statement of the coaccused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that co-accused, namely, Sunil Mahto has been granted bail by this Court vide order dated 18.04.2022 passed in Cr. Misc. No.47303/2021 and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 07.04.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried one criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that the petitioner is on bail in the aforesaid case.

6. Considering the aforesaid facts and circumstances, 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 the learned C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 378/2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No. 52653 of 2023(2) dt.22-08-2023 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T