Shree Bhagwan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64528 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- MAHESI District- East Champaran ====================================================== SHREE BHAGWAN MAHTO Son of Late Ratan Mahto Resident of Village - Mahumada Chaube Tole, P.s.- Mehsi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections147, 149, 341, 323, 325, 307, 354, 448 and 379 of the Indian Penal Code.

According to the prosecution, some unknown persons are said to have taken away Rs. 5 lack from the house of the informant and also assaulted the informant. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that due to previous enmity, the petitioner has been implicated in the present case. He further submits that there general and

Patna High Court CR. MISC. No.64528 of 2021(2) dt.08-04-2022 2/3 omnibus allegation against the petitioner and no specific allegation of assault is attributed to him. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that the present case is counter version of Mehsi P.S. Case No. 278 of 2020 which has been lodged by the wife of the co-accused against the family member of the informant. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 05.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Mehsi P.S. Case No. 279 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.64528 of 2021(2) dt.08-04-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T