Patna High CourtCR. MISC./60698/2018bail granted

Rajiv Kumar Mahton v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.60698 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60698 of 2018 Arising Out of PS.Case No. -346 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Rajiv Kumar Mahton S/o Sri Ram Chandra Mahto Resident of VillageImadpur, P.S. Bakhari, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioner seeks regular bail in connection with Allouli P.S. Case No. 346 of 2017, registered for offences punishable under Sections 147, 148, 341, 323, 325, 307 and 504 of the Indian Penal Code and later on added Section 304 of the Indian Penal Code.

Allegation against the petitioner and others is of assaulting the informant and when his sister in law (bhabhi) came to save her, she was also assaulted and dashed by the tractor due to which she received injury and succumbed to injury. It has been submitted on behalf of the petitioner that he is not named in the F.I.R later on his name has been dragged in this case. However, no specific allegation has been attributed to him and implication of the petitioner appears to be an afterthought and petitioner has been in custody for last two months.

Patna High Court Cr.Misc. No.60698 of 2018 (2) dt.06-10-2018 Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Allouli P.S. Case No. 346 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T