Sharban Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12513 of 2017 Arising Out of PS.Case No. -267 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Sharban Mahto, Son of Late Ram Sakal Mahto, Resident of Village Labhatta, P.S. Warisnagar District Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Sujit Kumar Singh, Advocate For the S t a t e : Mr Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioner is apprehending his arrest in connection with Warisnagar Police Station Case No 267 of 2016 dated 28.11.2016 registered for offences punishable under Sections 379, 411/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that even according to the informant, the petitioner has not committed any theft rather he assisted the main accused. It is, further, submitted that he is aged about 60 years and has clean antecedent.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/-

Patna High Court Cr.Misc. No.12513 of 2017 (2) dt.27-03-2017 2/2 (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Samastipur in connection with Warisnagar Police Station Case No 267 of 2016 dated 28.11.2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) M.E.H./- U T