Harendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53628 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Harendra Mahto, S/o Dhanai Mahto, resident of Vill. - Parsauni Devajit, P.S. Mehsi, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Smt. Veena Kri. Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mehsi P.S. Case No. 21 of 2016 registered for offences under sections 401, 413 and 414/34 of the Indian Penal Code.

The petitioner had earlier moved before this Court in Cr. Misc. No. 18289 of 2016 and this Court vide order dated 2.5.2016 had rejected the prayer for bail with a liberty to renew his prayer for bail after nine months' of judicial custody. The petitioner is in custody since 10.2.2016.

Looking to the entire facts and circumstances of the case as also the period of custody, let the petitioner, namely,

Patna High Court Cr.Misc. No.53628 of 2016 (2) dt.11-01-2017 Harendra Mahto, 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 Additional Chief Judicial MagistrateVI, Moithari, East Champaran in connection with Mehsi P.S. Case No. 21 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Rishi/- U T