IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 31649 of 2011
Chaitu Mahto @ Chaitu @ Chaitu Nonia @ Chaitu Kumar,
S/o Ramjeevan Mahto.
Versus
The State of Bihar
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02. 19.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 302/34 of the Indian Penal
Code and Section 27 of the Arms Act.
The petitioner was refused bail by order dated
23.08.2010 but has renewed his prayer for bail on the
ground that he is in custody since 21.11.2009 and other
co-accused persons similarly placed have been granted
bail on ground of their long custody as also that there is
no progress in trial.
Considering the same, let the petitioner, above
named be released on bail on furnishing bail bond of Rs.
5,000/- (Five Thousand) with two sureties of the like
amount each or any other surety as fixed by the Court to
the satisfaction of Additional Sessions Judge, F.T.C.-IV,
Patna in connection with S.Tr. No. 1257/10 arising out of
Phulwarisharif P.S. Case No. 463 of 2009 subject to the
following conditions:- (i) That one of the bailors will be a
close relative of the petitioner who will give an affidavit
giving genealogy as to how he is related with the petitioner
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and the other bailor shall be the brother of the petitioner
namely Rajendra Mahto. The bailor will also undertake to
inform the Court if there is any change in the address of
the petitioner. (ii) That the bailor shall also state on
affidavit that he will inform the court concerned if the
petitioner is implicated in any other case of similar nature
after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on the ground of misuse. (iii) That the
petitioner will be well represented on each date and if he
fails to do so on two consecutive dates, his bail will be
liable to be cancelled.
It has been submitted that the petitioner is
accused in only other case which fact will be verified by
the Court concerned before releasing the petitioner on
bail.
The Trial Court is directed to send a list of
witnesses fixing specific dates to the S.P. concerned
along with the copy of this order who will ensure the
attendance of the witnesses on the said dates so that
there is no further delay in trial.
(Anjana Prakash, J.)
Vikash/-