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Patna High Court - Orders

Binod Mahto @ Pankaj @ Prakash Jee @ Vinod ... vs The State Of Bihar on 1 March, 2012

Author: Jyoti Saran

Bench: Jyoti Saran

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.34139 of 2011
                 ======================================================
                 1. Binod Mahto @ Pankaj @ Prakash Jee @ Vinod Mahto S/O Ramdeo
                 Mahto R/O Village - Bataspur, P.S. Dumaria, District - Gaya

                                                                           .... ....   Petitioner
                                                     Versus
                 1. The State of Bihar

                                                                       .... .... Opposite Party
                 Appearance
                 For the petitioner: Mr. Praveen Prakash, Advocate.
                 For the State    : Mrs. Pushpa Sinha, APP.
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                 ORAL ORDER


4   01-03-2012

Heard learned counsel for the parties.

The petitioner is in custody in connection with Dumaria P.S. Case No. 12 of 1996 (Sessions Trial No. 87 of 2005/96 of 1998) for the offences punishable under Sections 302, 452 and 353 of the Indian Penal Code.

Learned counsel for the petitioner while responding to the belated custody of the petitioner submits that he was remanded in the present case on 09.09.2009. Learned counsel further with reference to the allegation set out in the F.I.R. submits that although a specific allegation has been attributed to this petitioner of assaulting the father of the informant by the butt of the rifle but thereafter the allegation is directed against the extremists elements of having fired at the father of the informant with no reference to this petitioner.

Learned counsel with reference to the orders placed at Annexures-2 and 3 submits that some of the similarly placed co-accused 2 Patna High Court Cr.Misc. No.34139 of 2011 (4) dt.01-03-2012 2/2 were granted bail by this Court.

Regard being had to the circumstances, let the petitioner namely, Binod Mahto @ Pankaj @ Prakash Jee @ Vinod Mahto be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Gaya in connection with Dumaria P.S. Case No. 12 of 1996 (Sessions Trial No. 87 of 2005/96 of 1998) subject to the condition that the petitioner shall ensure his representation before the Trial Court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Trial Court, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody.

(Jyoti Saran, J) Bibhash