Shashi Kant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9890 of 2023 Arising Out of PS. Case No.-347 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== 1.

Shashi Kant Mahto S/O Kashi Mahto R/V- Kateaan, P.S.- Bihiya, DistrictBhojpur 2.

Ravi Kant Mahto @ Ratikant Mahto @ Ajay Kumar Singh S/O Kashi Mahto R/V- Kateaan, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 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 304/34 of the Indian Penal Code.

The prosecution case relates to causing the death of the son of the informant due to electrocution. 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 suspicion. The petitioners are not named in the FIR nor any cogent evidence found against them and there is no eye

Patna High Court CR. MISC. No.9890 of 2023(3) dt.08-05-2023 2/2 witness of the alleged occurrence. As per postmortem report doctor opined cause of death due to electric current. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 09.11.2022.

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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bihiya P.S. Case No. 347 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Bhojpur, Ara. (Sunil Kumar Panwar, J) Manish/- U T