Patna High CourtCR. MISC./5088/2018bail granted

Hare Ram Mahto And ORS v. The State Of Bihar

2018-02-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 5088 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Hare Ram Mahto, S/o Charittar Mahto @ Chalittar Mahto, Resident of village- Kshnpur Diyara, P.S.- Ballia, District- Begusarai.

2. Chandan Kumar, S/o Radhe Mahto, Resident of village- Hussaina Diyara, P.S. Balia, District- Begusarai.

3. Raja Ram Mahto, S/o Paswan Mahto, Resident of Village- Mirzapur Diyara, P.S.- Ballia, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : M/s Vijay Anand & Binod Kr, Advocates For the S t a t e : Mr Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2018 Heard counsel for the petitioner and the State. Petitioners seek bail in a case registered under Sections 307, 353/34 of Indian Penal code and Sections 25, 26, 27, 35 of Arms Act.

Petitioners seek parity with co-accused Md Ainul who has been granted bail by order dated 10.01.2018 passed in Cr Misc No 524 of 2018. From the petitioners' possession, though some articles have been recovered, but in the case of the petitioners, there is also no criminal antecedent. In view of the aforesaid submission and the fact that the petitioners are in custody since 03.09.2017, prayer for bail is

Patna High Court Cr.Misc. No.5088 of 2018 (3) dt.07-02-2018 2/2 allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Ballia Police Station Case No 213 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T