Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73251 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== DILIP MAHTO S/o Late Amresh Mahto R/o village- Manopur Rudauli, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 02.09.2019 in connection with Barauni Rail P.S. Case No. 95 of 2019 for the offence registered under Sections 401, 414/34, 137 and 147 of the Rail Section 1989.

Learned counsel for the petitioner submits that the alleged recoveries have been saddled on the shoulder of the petitioner and he has nothing to do with the allegation as made out in the first information report. It is further submitted that the mobile so recovered belongs to the present petitioner and so far as other antecedents are concerned, the petitioner is already in bail. It is further submitted that the police is in the habit of collecting the illegal toll at the railway station and when the

Patna High Court CR. MISC. No.73251 of 2019(2) dt.25-11-2019 2/3 petitioner was not able to pay the same, he has been implicated with the aforesaid offences. It is further submitted that the petitioner is a poor man and is not likely to abscond and he shall present himself as and when required.

Considering the aforesaid 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 each to the satisfaction of Rail Judicial Magistrate, Begusarai in connection with Barauni Rail P.S. Case No. 95 of 2019, subject to the following conditions :-

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.73251 of 2019(2) dt.25-11-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T