Rajeev Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55080 of 2018 Arising Out of PS.Case No. -133 Year- 2018 Thana -WARISNAGAR District- SAMASTIPUR ======================================================
1. Rajeev Mahto son of Arun Mahto
2. Chunchun Devi D/o Vishundev Mahto, W/o Lalit Mahto
3. Sangita Devi wife of Mukesh Mahto All residents of village - Lakhanpatti, Police Station - Warisnagar, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard the parties.
The petitioners seek regular bail in connection with Warisnagar P.S.case no.133 of 2018 dated 2.6.2018 registered for offences punishable under Sections 147, 148, 149, 302, 307, 323, 324, 341, 447, 504 and 504 of the Indian Penal Code. Allegation against the petitioners and several other accused persons is of assault to the deceased causing his death. Submission of the learned counsel for the petitioners is that the occurrence took place as the informant kept his tractor on the way and there is no specific allegation against the petitioner and they are only members of the mob. They are in custody for more than four months and the charge-sheet has also been submitted.
Patna High Court Cr.Misc. No.55080 of 2018 (2) dt.10-10-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. . Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of CJM, Samastipur, District Samastipur in connection with Warisnagar P.S.case no.133 of 2018. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T