Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2413 of 2019 Arising Out of PS. Case No.-147 Year-2017 Thana- PAHARPUR District- East Champaran ====================================================== Shambhu Mahto S/o Jhapsi Mahto, Resident of Village -Bhutahan Naya Tola , P.S. Paharpur (wrongly mentioned as Hapur in column 7 of the formal F.I.R.) Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Paharpur P.S. Case No. 147 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. Earlier, the bail application of the petitioner was rejected vide Annexure- P/1, giving a liberty to renew his prayer after six months in jail custody.

It has been submitted that the petitioner is in custody since 30.05.2018.

Considering the aforesaid facts and circumstances of the case, 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 Chief Judicial

Patna High Court Cr.Misc. No.2413 of 2019(3) dt.30-01-2019 2/2 Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 147 of 2017, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T