Phuldeo Mahto @ Phooldeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68678 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Phuldeo Mahto @ Phooldeo Mahto, S/O Jaleshwar Mahto R/O Village- Parsa Sadan, P.S- Sahebganj, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuber Pathak, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 72 of 2022 lodged on 03.03.2022 under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.
3.Learned counsel for the petitioner submits that vide order dated 21.09.2022 passed in Cr. Misc. No. 36954 of 2022, bail application of the petitioner was rejected with liberty to move for bail after one year from the date of framing of charge. Counsel submits that one year has already been completed and from the date of rejection, case is running at the stage on the point of charge. It has also been intimated in the report that trial
Patna High Court CR. MISC. No.68678 of 2023(3) dt.24-11-2023 2/3 is likely to be concluded within three months if prosecution will produce the witnesses regularly. Counsel also submits that other accused persons have been granted bail in this case vide orders dated 01.05.2023 and 24.07.2023 passed in Cr. Misc. No. 15347 of 2023 and 39877 of 2023 respectively (annexed as AnnexureP/4). Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 05.03.2022.
4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the report, it transpires that case has fixed on framing of charge, but charge till date has not been framed. Counsel also submits that vide orders dated 01.05.2023 and 24.07.2023 passed in Cr. Misc. No. 15347 of 2023 and 39877 of 2023 respectively (annexed as Annexure P/4), some of the accused persons have been granted bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail but only after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-20, Muzaffarpur in connection with Sahebganj P.S. Case No. 72 of 2022 subject to
Patna High Court CR. MISC. No.68678 of 2023(3) dt.24-11-2023 3/3 the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T