Patna High CourtCR. MISC./40996/2018bail granted

Vijay Mahto v. The State Of Bihar

2018-07-25Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.40996 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40996 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -MANIHARI District- KATIHAR ====================================================== Vijay Mahto S/o Jagan Mahto @ Jagarnath Mahto @ Jagarnath Singh, R/o Vill.- Naya Tola Manihari Ward No.2, P.S.- Manihari, DistrictKatihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanchay Srivastava, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 01.04.2017 and has renewed his prayer for bail in connection with Manihari P.S. Case No. 34 of 2017 for the offence alleged under Sections 341, 323, 307, 504 of the Indian Penal Code and 27 of the Arms Act having twice been rejected by orders dated 11.08.2017 and 14.03.2018 in Criminal Miscellaneous No. 30626 of 2017 and Criminal Miscellaneous No. 2496 of 2018, respectively.

3. It is submitted that while the earlier bail petition was rejected, however, liberty was granted to the petitioner to renew his prayer for bail after framing of charge which has since been done on 22.02.2017 (Annexure-4).

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.40996 of 2018 (2) dt.25-07-2018 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-III, Katihar, in connection with Manihari P.S. Case No. 34 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.

(Vikash Jain, J) Md. Ibrarul/BT U T