Baleshwar Mahto @ Bale Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83178 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- NIMACHANDPURA District- Begusarai ====================================================== BALESHWAR MAHTO @ BALE MAHTO Son of Panchu Mahto Resident of Village - Ajhaur, P.S.- Neema Chandpura, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 328, 302 & 34 of the Indian Penal Code.

Informant has alleged in her written complaint that petitioner and co-accused Rajiv Chaudhary informed to her that her husband is lying in unconscious condition behind the toddy shop. She alongwith other family members went there and thereafter he was carried to Hospital, however, he died on the way. Allegation is that excess toddy having poisonous substance was administered to the deceased, as a result of which he died. It has been submitted on behalf of petitioner that there is no eye witness of the occurrence that the deceased had taken

Patna High Court CR. MISC. No.83178 of 2019(2) dt.14-01-2020 2/3 toddy at the shop of petitioner. Similarly placed co-accused, namely, Rajiv Chaudhary has been granted bail by a co-ordinate Bench of this Court vide order dated 30.09.2019 passed in Cr. Misc. No. 60280 of 2019. Petitioner has no criminal antecedent and is in custody since 02.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Neema Chandpura P.S. Case No. 32 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved

Patna High Court CR. MISC. No.83178 of 2019(2) dt.14-01-2020 3/3 in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T