Anil Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.26554 of 2018 (2) dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26554 of 2018 Arising Out of PS.Case No. -87 Year- 2013 Thana -KAHALGAON District- BHAGALPUR ====================================================== Anil Mahto Son of Late Hriday Mahto Resident of Village - Bindtoli, Maheshamunda P.S. Kahalgaon, District Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Pandey, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, who is in custody since 31.01.2018, seeks bail in connection with Sessions Trial No. 321 of 2014 arising out of Kahalgaon (Rasalpur) P.S. Case No. 87 of 2013 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner was earlier granted bail by this Court on 20.03.2014 in Cr. Misc. No. 4589 of 2014 but the bail bond was cancelled on 08.03.2016 by the learned Sessions Judge. Thereafter, he was taken into custody on 31.01.2018. It is submitted that the bail bond was cancelled as the petitioner was not personally present when the matter was fixed on the point of charge though he was represented on that date.

4. Be that as it may, having regard to the entirety of the 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 like amount each to the satisfaction of learned Sessions Judge, Bhagalpur, in connection

Patna High Court Cr.Misc. No.26554 of 2018 (2) dt.14-05-2018 with Sessions Trial No. 321 of 2014 arising out of Kahalgaon (Rasalpur) P.S. Case No. 87 of 2013, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T