Navin Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61625 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- NTPC District- Patna ====================================================== Navin Mahto S/o Fantus Mahto R/V- Railley Bind Toli, P.S.- N.T.P.C., DisttPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62241 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- NTPC District- Patna ====================================================== 1.
Ganga Mahto S/o Aandhi Mahto R/V- Railley Bind Toli, P.S.- N.T.P.C., Distt- Patna.
2.
Bundal Kumar @ Bindu Kumar @ Bindul Kumar @ Bindu S/o Laacho Mahto R/V- Railley Bind Toli, P.S.- N.T.P.C., Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61625 of 2022) For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP (In CRIMINAL MISCELLANEOUS No. 62241 of 2022) For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with
Patna High Court CR. MISC. No.61625 of 2022(2) dt.24-02-2023 2/3 N.T.P.C. P.S. Case No. 69 of 2022 lodged under Sections 341, 323, 447, 379, 307, 504, 506, 34 of the I.P.C. read with Section 27 of the Arms Act.
As per the prosecution case, there are 4 persons against whom F.I.R. has been lodged, alleging therein that the above said 4 accused persons used to come within the territorial jurisdiction of N.T.P.C. P.S. They reached at the house of the informant and started abusing the informant's wife. They have also snatched Mangalsutra and allegation against Navin Mahto is that he made fire on the wife of the informant but no one was injured. When independent persons started coming, then they fled away. It has been alleged in the F.I.R. that accused persons used to sell goods after committing theft in the N.T.P.C. plant and police have made recovery from their house. Learned counsel for the petitioners submit that there are nothing against the petitioners in this case. Whatsoever be the allegations, it is all non-specific and, therefore, not to be accepted.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.61625 of 2022(2) dt.24-02-2023 3/3 to the satisfaction of learned Judicial Magistrate, Ist Class, Barh, District- Patna in connection with N.T.P.C. P.S. Case No. 69 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.
C. The petitioners shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T