Ram Pukar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20447 of 2017 Arising Out of PS.Case No. -469 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Ram Pukar Mahto, S/o Late Devnarayan Mahto, resident of VillageMakhnaha, P.S.- K.Nagar (Srinagar), District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-05-2017 The petitioner seeks regular bail in connection with K. Nagar (Srinagar) P.S. Case No. 469 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 448, 457, 379, 380, 384, 427 and 504 Indian Penal Code. Allegation against the petitioner is of assault to the informant.
It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and only general and omnibus allegation has been attributed to him rather the specific allegation of assault to the informant is against other coaccused of this case, namely, Rabindra Mahto, who gave dabiya blow on the head of the informant. Petitioner has no criminal antecedent and has been in judicial custody since 31.12.2016 and
Patna High Court Cr.Misc. No.20447 of 2017 (3) dt.12-05-2017 2/3 other co-accused of this case, having similar allegation have already been granted bail by this Court vide order dated 25.04.2017 passed in Criminal Miscellaneous No. 11389 of 2017. Heard learned A.P.P. also.
Having heard both sides, in view of the fact that only general and omnibus allegation has been attributed to the petitioner and further other similarly situated persons have been granted bail by this court and petitioner has no criminal antecedent and has remained in judicial custody for more than four months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Nagar (Srinagar) P.S. Case No. 469 of 2016, subject to the 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 cooperate in the disposal
Patna High Court Cr.Misc. No.20447 of 2017 (3) dt.12-05-2017 3/3 of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T