Maheshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3542 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Maheshwar Mahto S/O Late Bipat Mahto @ Vipat Mahto R/O Village- Bind Toli Banni, P.S.- Mahesh Khut, Distt- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 364, 302, 201, 379 of the Indian Penal Code. As per prosecution case, the son of the informant who is a handicap was kidnapped by all the F.I.R named accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3542 of 2023(3) dt.09-05-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and only on the basis of suspicion, the petitioner has been roped in the present case. The witnesses during course of investigation in para 21, 22, 23 of the case diary who are hearsay witnesses have named the petitioner. The petitioner has been implicated in this case on the basis of his so-called confessional statement where he has confessed that co-accused Mahadeo Mehto shot dead the deceased and the other accused persons threw the dead body of the deceased in Ganga river and except confession, no material evidence has been collected against the petitioner. There is no eye witness to the occurrence. The petitioner is languishing in custody since 20.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.3542 of 2023(3) dt.09-05-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 358 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T