Rambabu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63987 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== RAMBABU MAHTO S/o Sinheshwar Mahto R/v- Bhariya, Malhana, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah,Advocate For the Informant : Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail, who is in custody since 22.03.2022 in connection with S.Tr.No.360 of 2022 arising out of Rajnagar P.S. Case No. 27 of 2022, F.I.R. dated 04.02.2022 registered for the offence punishable under Sections 302,201,120(B) of IPC.

The FIR of the occurrence of murder is against unknown.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. Further submits that except the suspicion and the self-

Patna High Court CR. MISC. No.63987 of 2022(3) dt.19-06-2023 2/3 confessional statement of the petitioner, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present case and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 22.03.2022. Learned counsel for the informant and learned APP for the State, on the other hand, have opposed the prayer for bail of the petitioner and submits that it has come during investigation that there is involvement of the petitioner in the present case.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Madhubani in connection with S.Tr.No.360 of 2022 arising out of Rajnagar P.S. Case No. 27 of 2022,with the 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 and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.63987 of 2022(3) dt.19-06-2023 3/3

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T