Birju Mahto @ Birju Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64691 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- BHAGWANPUR District- Begusarai ====================================================== Birju Mahto @ Birju Kumar Mahto, Son of Ramotar Mahto, R/o Vill- Bashi, P.S.- Cheriya Bariyarpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bhagwanpur P.S. Case No. 187 of 2017 registered for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

Allegation against the petitioner is recovery of one country made pistol with two live cartridges and one stolen motorcycle from his possession.

It has been submitted that petitioner is in custody since 24.10.2017 and charges have already been framed in this case. Earlier the bail application of the petitioner was rejected vide order dated 16.04.2018 passed in Cr. Misc. No.22360 of 2018 as contained in Annexure 1 with a direction to expedite the trial.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.64691 of 2018(6) dt.10-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Bhagwanpur P.S. Case No. 187 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T