Patna High CourtCR. MISC./2175/2023allowed

Dhruv Mahto v. The State Of Bihar

2023-06-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2175 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- CHORAUT District- Sitamarhi ====================================================== Dhruv Mahto Son Of Late Jagdev Mahto R/O Vill.- Verma, P.S.- Choraut, Distt.- Sitamarhi ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Raj For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons is that they committed murder of the informant's son due to love affair.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and has only advised to dispose the dead body of the deceased due to which he has falsely been implicated in this case. There is no specific

Patna High Court CR. MISC. No.2175 of 2023(4) dt.26-06-2023 2/2 allegation of committing murder attributed against the petitioner rather the specific allegation of committing murder is against co-accused persons. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Choraut P.S. Case No. 133 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judge 8th, Sitamarhi.

(Sunil Kumar Panwar, J) manishkumar/- U T