Allowed¶5

Lal Mahto @ Lalbabu Mahto v. The State of Bihar

Patna HC1 Apr 2024CR. MISC./86667/2023

Case brief

AI extract

What is this about?

Bail bond cancellation order quashed; non-bailable warrant; single-date non-appearance due to hospitalisation at Arogyam Hospital (01.10.2023-06.10.2023); Lal Mahto @ Lalbabu Mahto v. State of Bihar and Ram Pukar Prasad; Patna High Court Criminal Miscellaneous No.86667 of 2023; Additional District and Sessions Judge-III, Madhubani; Sessions Trial No. 527 of 2022; Saharghat P.S. Case No. 84 of 2021; same bail bond restored subject to attendance and no-tampering conditions; decided 01-04-2024 by Prabhat Kumar Singh, J.

What did the court decide?

Quashing of the order dated 04.10.2023 (bail-bond cancellation with issuance of non-bailable warrant); petitioner directed to remain on the same bail bond subject to conditions of trial co-operation/attendance and abstention from tampering with evidence or witnesses ¶5

Lal Mahto @ Lalbabu Mahto Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 04.10.2023 cancelling the petitioner's bail bond and issuing a non-bailable warrant in Sessions Trial No. 527 of 2022 (arising out of Saharghat P.S. Case No. 84 of 2021) should be quashed, the cancellation having followed non-appearance on a single date attributable to hospitalisation

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Court's answer

The order dated 04.10.2023 of the Additional District and Sessions Judge-III, Madhubani, passed in connection with Sessions Trial No. 527 of 2022 arising out of Saharghat P.S. Case No. 84 of 2021, whereby the petitioner's bail bond was cancelled, is hereby quashed

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Ratio / Principle

It is ordered that the petitioner shall continue on the same bail bond, subject to conditions laid down by this Court

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Key takeaways

Condition imposed: the petitioner shall co-operate in the trial, be properly represented on every date fixed by the court below and remain physically present as directed; on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court belowratio¶4
Condition imposed: if the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bailratio¶4

Detailed headnote1 paragraphs

PATNA HIGH COURT - Cr. Misc. No. 86667 of 2023 (decided 01-04-2024, oral order of Prabhat Kumar Singh, J.). Quashing application concerning order dated 04.10.2023 of the Additional District and Sessions Judge-III, Madhubani, in Sessions Trial No. 527 of 2022 (arising out of Saharghat P.S. Case No. 84 of 2021), whereby petitioner Lal Mahto @ Lalbabu Mahto's bail bond was cancelled and a non-bailable warrant issued following his non-appearance on a single date (04.10.2023), stated to be neither wilful nor deliberate as he was hospitalised at Arogyam Hospital from 01.10.2023 to 06.10.2023 for abdominal pain. Court quashed the order and directed that the petitioner continue on the same bail bond subject to conditions: (i) co-operation in the trial with proper representation and physical presence as directed by the court below, the bail bond being cancellable upon absence on two consecutive dates without sufficient reason; and (ii) liberty to the prosecution to move for cancellation of bail upon tampering with evidence or witnesses. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86667 of 2023

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Arising Out of PS. Case No.-84 Year-2021 Thana- SAHARGHAT District- Madhubani

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======================================================

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Lal Mahto @ Lalbabu Mahto SON OF LALIT MAHTO @ RAMLALIT MAHTO Village -Kerwa Khirodni Tola, P.S-. Saharghatr, Ward No. 1, Gangaur, District- Madhubani, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar

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RAM PUKAR PRASAD SON OF RAM CHANDRA PRASAD Village -Kerwa Khirodni Tola, P.S-. Saharghat, District- Madhubani, Bihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Madhumay Madhup, Advocate Mr. Nishikant, Advocate Mr. Anand Kr. Tiwary, Advocate Mr. Aditya Raj, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 01-04-2024 Heard the parties.

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This application has been filed for quashing order dated 04.10.2023 passed by the Additional District and Sessions Judge-III, Madhubani, in connection with Sessions Trial No. 527 of 2022 arising out of Saharghat P. S. Case No. 84 of 2021 whereby bail bond of the petitioner was cancelled and nonbailable warrant was issued against him.

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Learned counsel for the petitioner submits that the bail bond of the petitioner was cancelled vide order dated 04.10.2023 in Sessions Trial No. 527 of 2022, due to his nonappearance only on one date i.e. 04.10.2023 by the learned court

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Patna High Court CR. MISC. No.86667 of 2023(4) dt.01-04-2024 2/2

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below. The non-appearance was neither willful nor deliberate as the petitioner was hospitalised in Arogyam Hospital between 01.10.2023 to 06.10.2023 due to an abdominal pain.

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Considering the submission made on behalf of the petitioner, order dated 04.10.2023 passed by the Additional District and Sessions Judge-III, Madhubani, in connection with Sessions Trial No. 527 of 2022 arising out of Saharghat P. S. Case No. 84 of 2021 is, hereby, quashed and it is ordered that the petitioner shall remain on the same bail-bond subject to the following conditions:

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“(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dated without sufficient reason, his bail-bond shall be cancelled by the court below.

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

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This quashing application stands allowed.

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(Prabhat Kumar Singh, J)

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Navya/- U T

Lal Mahto @ Lalbabu Mahto v. The State of Bihar

Case brief

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Lal Mahto @ Lalbabu Mahto v. The State of Bihar

Case brief

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What the court decided

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