Bharoshi Mahton @ Bharoshi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62499 of 2018 Arising Out of PS.Case No. -17 Year- 2002 Thana -NAYAGAON District- BEGUSARAI ====================================================== Bharoshi Mahton @ Bharoshi Mahto, Son of Late Bogan Mahto, Resident of Village- Sonbarsha, P.S. Sambho, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
Supplementary Affidavit filed today be kept on record.
Petitioner seeks bail in Sessions Trial No.424 of 2018 arising out of Nayagaon P.S. Case No.17 of 2002 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioner submits that out of four persons named in the written report, three persons have faced trial and they have been acquitted by the Trial Court by judgment dated 3rd June, 2008, passed in Sessions Trial No.289 of 2006. The petitioner had gone outside to earn his livelihood and,
Patna High Court Cr.Misc. No.62499 of 2018 (2) dt.09-10-2018 2/2 therefore, he could not face trial in aforesaid Sessions trial. Petitioner is said to be in custody since 05.07.2018. Charge has already been framed on 01.08.018. Counsel for the petitioner further submits that petitioner will remain present on each and every date of trial.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Additional Sessions Judge, 1st, Begusarai, in connection with Sessions Trial No.424 of 2018 arising out of Nayagaon P.S. Case No.17 of 2002, subject to the condition that both the bailors shall be close relative of the petitioner. The petitioner will remain present on each and every date of trial and his absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled.
(Sanjay Priya, J) JA/- Rohit Kr.
U T