IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4790 of 2010 AKHILESH MAHTON, Son of Ghoghan Mahto, Resident of village Paharpur, P.S. Ballia, District Begusarai …. Petitioner Versus STATE OF BIHAR .. Opposite Party ----------- For the Petitioner : Mr. Binod Kumar, Advocate For the State : Mr. Pronoti Singh, A.P.P. ---- 3 13.05.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for offences punishable under Sections 341, 342, 323, 384 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that during the course of investigation it has come that informant himself was a person indulged in criminal activity. It is stated that there was a dispute with regard to purchase of one rifle with co-accused Raj Kishore Mahto, who happens to be the brother of the petitioner. However, the petitioner has only been implicated for the reason that he is the brother of co-accused Raj Kishore Singh. Learned counsel further contends that in the first information report it would be manifest that the money was allegedly taken by Raj Kishore Mahto and it was - 2 - shared between Raj Kishore Mahto and Pawan Singh. It is submitted that the petitioner is in custody since 4.10.2009 and is having clean antecedent. In the facts and the circumstances of the case, the petitioner, AKHILESH MAHTON, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 159 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive - 3 - dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)