Rohit Mahto @ Buchchi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43765 of 2018 Arising Out of PS. Case No.-210 Year-2016 Thana- BIBHUTIPUR District- Samastipur ====================================================== Rohit Mahto @ Buchchi Mahto S/o Laxmi Mahto, R/o Vill.- Sakrauli, P.S.- Cheriabariyarpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Bibhutipur P.S. Case No. 210 of 2016 registered for the offence punishable under Sections 392, 212, 216, 216(A), 224 and 412 of the Indian Penal Code. Informant has alleged that on 14.09.2016 he collected Rs. 90,280/- from different creditors and was returning on motorcycle where he was intercepted by three unknown accused who snatched his bag containing cash and also took away his mobile, purse and other articles after pointing pistol on him. It has been submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Deepak Sah. Recovery was made from the house of the petitioner after which his father was also made accused

Patna High Court Cr.Misc. No.43765 of 2018(3) dt.25-09-2018 2/2 and he was arrested in this case and he is in custody since 14.09.2016. Petitioner has been remanded in this case on 03.01.2018 and since then he is in custody Considering the aforesaid facts and circumstances of the case as well as period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate1st, Rosera (Samastipur) in connection with Bibhutipur P.S. Case No. 210 of 2016, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

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

(S. Kumar, J) ranjan/- U