Ravindra Kumar Mahto @ Latkhen Mahto @ Ravindra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82128 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ravindra Kumar Mahto @ Latkhen Mahto @ Ravindra Mahto Son of Late Bauyelal Mahto Resident of Village - Kumbhi, P.S. - Cheriabariyarpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirityunjay Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-11-2024 Heard Mr. Mirityunjay Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Cheria Bariyarpur P.S. Case No. 35 of 2024 for the offences punishable under Sections 323, 354(b), 379, 385, 504, 506/34 of the IPC, lodged on 21.02.2024 by the informant, Jay Jay Ram Mahto.
3. As per the prosecution story, the informant alleged that on 19.02.2024, unknown persons armed variously came to his brick kiln, abused and demanded Rs. 10 Lakhs as ransom. Further, was dragged to another place which finally led the FIR.
4. Learned counsel for the petitioner submits that the allegation is of 19.02.2024 but the FIR came to be lodged on 21.02.2024 and no appropriate reason has been assigned.
Patna High Court CR. MISC. No.82128 of 2024(2) dt.28-11-2024 2/3 Further, the person who flashed knife managed to escape while other accused persons were apprehended. No overt act alleged against him and has been remanded in this case on 30.07.2024 (para-4 of the petition).
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Considering the submissions put forward by the parties as also the fact that he has remained in custody since 30.07.2024, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul/the concern court in connection with aforesaid P.S. Case subject to the following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.82128 of 2024(2) dt.28-11-2024 3/3 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T