Lal Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69798 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== LAL BABU MAHTO S/o Mahendra Mahto R/o village- Gopalpur, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Cheriya Bariyarpur P.S. Case No. 122/2019 registered under Sections 452, 354(B), 354(D), 341 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has not committed any offence as the F.I.R. has been lodged with delay of two days and the only allegation is that this petitioner had tried to make bad relationship with the informant but there is no allegation of committing the overt act. Learned counsel submits that the petitioner has remained in custody since 23.08.2019 and the investigation against him is complete. Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.69798 of 2019(2) dt.14-01-2020 2/3 bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the whole allegation against the petitioner is false as the F.I.R. has been lodged with delay of two days and the only allegation is that this petitioner had tried to make bad relationship with the informant but there is no allegation of committing the overt act and further that the enmity between the parties are there being co-villagers and that the petitioner has remained in custody since 23.08.2019, the investigation against him is complete, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai, in connection with Cheriya Bariyarpur P.S. Case No. 122/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.69798 of 2019(2) dt.14-01-2020 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T