Panna Lal Mahto @ Panna Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25143 of 2018 Arising Out of PS.Case No. -489 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Panna Lal Mahto @ Panna Lal, Son of Manoj Mahto, resident of Village/Mohalla- Kalyanpur, P.S.- Amarpur, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Swapnil Kumar Singh, Advocate For the State : Mr. J.K. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.9.2017 in connection with Rajoun P.S. Case No.489 of 2017 for the offences alleged under Sections 302, 201, 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and there is no eye witness to the alleged occurrence. No specific allegation has been levelled against the petitioner, who has no role or motive in the entire episode and he has been implicated on mere suspicion. Co-accused Banshidhar Roy along with Bauni Thakur, who is said to have been talking with the informant with regard to reserving the tempo vehicle and who was

Patna High Court Cr.Misc. No.25143 of 2018 (2) dt.03-05-2018 2/3 last seen with the deceased has been granted anticipatory bail by a Bench of this Court vide order dated 13.2.2018 in Cr. Misc. No.484 of 2018. Another co-accused Buteli Mandal against whom suspicion has been raised has also been granted anticipatory bail by a Bench of this Court vide order dated 20.2.2018 in Cr. Misc. No.10064 of 2018. Petitioner claims clean antecedent.

4. Be that as it may, having regard to the entirety of 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 leach to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. case No.489 of 2017, on the following conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Patna High Court Cr.Misc. No.25143 of 2018 (2) dt.03-05-2018 3/3 (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T