Saroj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1105 of 2019 Arising Out of PS. Case No.-203 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== Saroj Mahto son of Surendra Mahto Resident of Village- Maniara, P.S.- Tiyar, District- Bhojpur, Arrah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bihiya P.S. Case No. 203 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307, 302 and 34 of the Indian Penal Code. Informant has alleged that on 22.06.2017 at about 9.30 p.m., he along with his son had gone for treatment in Primary Health Center, Bihiya when F.I.R. named accused along with 45 unknown persons came there and abused and assaulted them as a result of which they were injured.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that accused persons fled away from the place of occurrence with auto of the petitioner who used to ply the same and except that, there is no any other incriminating material against the petitioner. Petitioner has no

Patna High Court Cr.Misc. No.1105 of 2019(2) dt.24-01-2019 2/2 criminal antecedent and he is in custody since27.10.2018. Considering the aforesaid facts and circumstances of 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 A.C.J.M.-V, Bhojpur, Arrah in connection with Bihiya P.S. Case No. 203 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