Vijay Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79051 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== 1.
Vijay Mahto, Son of Late Bhagelu Mahto, 2.
Dinesh Sharma, Son of Sri Prabhoo Sharma, Both are resident of Village Pakri Bazar, P.S. Dumariya Ghat, District Motihari, East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Ajay Kumar Thakur, Shashank Shekhar Babita Kumari, Advocates For the Opposite Party/s :
Mr. Ahmad Ali CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.
Petitioners seek bail in Muzaffarpur Rail P.S. Case No.129 of 2018 registered for the offence punishable under Sections 419, 420, 414/34 of the I.P.C. and Sections 8/20 of the NDPS Act.
In the written report, it is stated that four persons were apprehended from a Wagon-R vehicle. From possession of Vijay Mahto, one mobile phone, cash of Rs.720/- and ten small tablets were recovered and from the possession of Dinesh Sharma, one mobile phone and cash of Rs.210/- were recovered. Petitioners have criminal antecedent and they are in
Patna High Court Cr.Misc. No.79051 of 2018(2) dt.04-01-2019 2/3 custody since 21.07.2018.
Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Hence, the prayer for bail of the petitioners is hereby rejected.
However, after completion of six months in judicial custody, the petitioners named above be released on bail upon furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, N.D.P.S. Act, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No.129 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will
Patna High Court Cr.Misc. No.79051 of 2018(2) dt.04-01-2019 3/3 be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T