Patna High CourtCR. MISC./46967/2017bail granted

Dukhan Mahato And ANR v. The State Of Bihar

2017-11-07Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.46967 of 2017 (3) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46967 of 2017 Arising Out of PS.Case No. -41 Year- 1995 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Dukhan Mahato Son of Lal Bahadur Mahto Resident of Village - Suhai Bazar, P.S. - Baniyapur, District - Saran at Chapra.

2. Lal Babu Manjhi @ Laddu Manjhi S/o Munilal Manjhi Resident of Village - Karahi, P.S. - Baniyapur, District - Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

This is a case of misuse of privilege of bail which appears from the impugned order and after taking all steps petitioners surrendered in this case.

Submission of the learned counsel for the petitioners is that both the petitioners were on bail since 13.09.1996 and there were no progress in the case and he had gone out for earning his livelihood. The have surrendered in the court below and are in custody for more than four months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named,

Patna High Court Cr.Misc. No.46967 of 2017 (3) dt.07-11-2017 be enlarged on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of A.D.J.-II, Siwan, in Bhagwanpur P.S. Case No.41 of 1995 , S.Tr.No.189/14 subject to the conditions that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall co-operate in disposal of trial and make themselves available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U