Patna High CourtCR. MISC./84687/2024bail granted

Arjun @ Arjun Mahto @ Arjun Tanti v. The State Of Bihar

2025-02-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84687 of 2024 Arising Out of PS. Case No.-294 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Arjun @ Arjun Mahto @ Arjun Tanti S/O Dularchand Mahto @ Dularchan Tanti R/O Village- Bariyarpur, Ward no- 7, P.S- Bakhari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2025 Heard the parties.

2. The petitioner is in judicial custody in connection with Bakhri P.S. Case No. 294 of 2024 for the offences punishable under Sections 317(2), 317(4), 111(7) and 3 (5) of Bhartiya Nyay Sanhita lodged on 23.07.2024 by the informant, Uday Shankar Kumar.

3. As per the prosecution story, the police personnel during evening patrolling was conducting vehicle checking in course whereof, got information about accused with motorcycles present near Government School. As they reached there, three persons present tried to escape but were taken into custody. They informed that they are waiting for Gaurav Kumar. As the police reached his place, found a stolen motorcycle from Banaras found in his house. Accordingly, the FIR.

Patna High Court CR. MISC. No.84687 of 2024(2) dt.21-02-2025 2/3

4. Learned counsel for the petitioner that submits that he has no criminal antecedent, is a student, in custody since 24.04.2024 (paragraph-4 of the petition). However, he undertakes to diligently appear in trial.

5. Learned APP opposes the prayer submitting that the recovery is from the house of the co-accused.

6. Taking into account the submissions put forward by the parties as also the age of the petitioner, he has no criminal antecedent, remained in custody since 24.07.2027 (para-04 of the petition), in that background, 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 Chief Judicial Magistrate, Begusarai, in connection with Bakhri P.S. Case No. 294 of 2024 subject to the following conditions: (i) one of the bailors should be the family member/relative 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.84687 of 2024(2) dt.21-02-2025 3/3 bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year 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) Adnan/- U T