Chandeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1547 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== Jagarnath Rai @ Jagannath Rai S/O Rajdeo Rai R/V- Raghopur Bakhari, P.S.- Punaura, District- Sitamarhi ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4727 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== Chandeshwar Mahto Son Of Late Ram Bilas Mahto R/V- Punaura, P.S.- Punaura, District- Sitamarhi ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1547 of 2023) For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh (In CRIMINAL MISCELLANEOUS No. 4727 of 2023) For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 363, 302 of the Indian Penal Code.

As per prosecution case, the allegation against

Patna High Court CR. MISC. No.1547 of 2023(2) dt.23-08-2023 2/3 unknown miscreants is that they abducted son of the informant and committed his murder due to money altercation.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Chandeshwar Mahto. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner, except suspicion no consistent material has come out against him. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 19.06.2023 passed in Cr. Misc. No. 71776 of 2022. Moreover, the petitioner is languishing in judicial custody since 03.01.2023.

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 petitioners, this court is inclined to enlarge

Patna High Court CR. MISC. No.1547 of 2023(2) dt.23-08-2023 3/3 the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Piprahi P.S. Case No. 108 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-I, Sheohar.

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