Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72148 of 2019 Arising Out of PS. Case No.-194 Year-2015 Thana- PAROO District- Muzaffarpur ====================================================== Ajay Mahto Son of Mohan Mahto Resident of Village- Ghataro, P.S.- Kartahan, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 395 of Indian Penal Code. Informant has alleged that after loading iron rod worth Rs.3,74,326/- on the truck he proceeded for East Champaran from Patna. However, on the way his truck was intercepted by one Scorpio vehicle and he was over powered by the miscreants and they took away the truck and threw him out after tying his hands. Somehow he reached the police station and instituted the F.I.R.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on the basis of confessional statement of co-accused Chandan Kumar @ Chhota Chandan and except said confessional statement there

Patna High Court CR. MISC. No.72148 of 2019(2) dt.11-12-2019 2/3 is no other incriminating material against this petitioner and charge sheet has been submitted against the petitioner and previously he has been made accused in one Kartahan P.S. Case No. 17 of 2019. Petitioner is in custody since 20.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Paroo P.S. Case No. 194 of 2015, 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

Patna High Court CR. MISC. No.72148 of 2019(2) dt.11-12-2019 3/3 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) mdrashid/- U T