Patna High CourtCR. MISC./56746/2019bail granted

Arvind Mahto v. The State Of Bihar

2021-02-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56746 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- VAISALI GRP CASE District- Vaishali ====================================================== ARVIND MAHTO S/o Bhullu Mahto Resident of Village- Chandpura, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh Miss Priyadarshani Sinha For the State :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 04.08.2018 in connection with Sonepur (Hajipur) Rail P.S. Case No. 96/2018 registered for the offences punishable under Sections 8/20(B)(II) (C),22,29 of the NDPS Act.

Earlier the bail application of the petitioner was rejected vide order dated 28.03.2019 passed in Cr. Misc. No. 3450 of 2019 with a liberty to the petitioner that he may renew his prayer for bail after completion of one year in custody. It is submitted on behalf of petitioner that the petitioner is in custody since 04.08.2018 and has completed more than 2 1⁄2 years in custody. Petitioner has got no criminal antecedent. It is

Patna High Court CR. MISC. No.56746 of 2019(4) dt.25-02-2021 2/2 further submitted that other similarly situated co-accused have already been granted bail by this Court vide order dated 28.02.2019 passed in Cr. Misc. No. 79345 of 2018. Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned In-charge Sessions Judge, Vaishali at Hajipur, in connection with Sonepur (Hajipur) Rail P.S. Case No. 96/2018, subject to following conditions:- (1)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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Saif/- U T