IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10928 of 2011
VIJAY MAHATO @ NARENDRA KUMAR
Versus
THE STATE OF BIHAR
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02. 27.04.2011. Heard.
The prayer for bail of the petitioner
was earlier rejected on five occasions
considering the facts of the case which have
been narrated by me in the order passed on
08.08.2008 in Cr.Misc.No.29873 of 2008.
However, the contention is that the
nine witnesses examined so far after framing
of charges on 7.9.2009 have not named the
petitioner on identifying him as a
participating accused. It was further
contended that the other similarly situated
accused, namely, Lato Mahto has been admitted
to bail by a Bench of this Court in
Cr.Misc.No.7600 of 2009.
Regard being had to the submissions
and the order of bail in favour of Lato
Mahto, let the above named petitioner be
released from custody on furnishing bond of
Rs.10,000/-(ten thousand) with two sureties
of the like amount each to the satisfaction
of Additional Sessions Judge, Nalanda at
2
Biharsharif in Sessions Trial No.113 of 2009
arising out of Asthawan P.S.case No.10 of
2008 with following condition:-
(i) That the petitioner shall attend
the trial on all dates even if there is no
purpose in that behalf and the bailors of the
petitioner, preferably, shall be his family
members or his close relatives who shall file
their identity proofs before the court below
with their bonds.
(ii) Any attempt by the petitioner to
intimidate the witnesses who are yet to be
examined shall be sufficient for the court
below to assume that this order had not been
passed and the court below shall take steps
for committing the petitioner into custody.
B.Kr. ( Dharnidhar Jha,J.)