Yogendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63119 of 2018 Arising Out of PS. Case No.-83 Year-1996 Thana- RAXAUL District- East Champaran ====================================================== Yogendra Mahto Son of Late Bocha Mahto Resident of Village- Laxmi Pur Hardiya Dhagad Toli, P.S.-Raxaul, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with S.T. No. 493 of 2018 arising out of Razaul P.S. Case No. 83 of 1996 registered for the offences punishable under Sections 302/34 of Indian Penal Code.

The petitioner was granted bail in this case on 30.10.1998, but his bail bond was cancelled because of his non appearance on 15.02.2018. Thereafter, petitioner surrendered on 19.06.2018 since then he is in custody.

It has been submitted on behalf of the petitioner that he will not misuse the privilege of bail any further. It is further submitted that the petitioner was a labourer and went to Punjab to earn his livelihood but the Pairvikar did not do the pairvi of

Patna High Court Cr.Misc. No.63119 of 2018(3) dt.26-10-2018 2/2 the case properly as a result of which the bail bonds of the petitioner was cancelled. The petitioner is in custody since 19.06.2018 and as such he may be granted regular bail. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 13th Additional Sessions Judge, East Champaran, Motihari, in connection with S.T. No. 493 of 2018 arising out of Raxaul P.S. Case No. 83 of 1996 with condition that petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason, trial court will be at liberty to cancel his bail bond.

(S. Kumar, J) Rajiv/ManojU T