Patna High CourtCR. MISC./14078/2024bail granted

Suresh Mahto v. The State Of Bihar

2024-03-04Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14078 of 2024 Arising Out of PS. Case No.-200 Year-2012 Thana- LALGANJ District- Vaishali ====================================================== Suresh Mahto S/O Late Moti Mahto R/O Village- Puran Tand, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Gandhi, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 200 of 2012 instituted for the offence punishable under Sections 147, 436 and 304 of the Indian Penal Code.

3. As per the prosecution case, the present criminal case has been filed against 6 named accused persons including the petitioner. The allegation of burning the hut of the informant due to which two month's baby of the informant was burnt.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. He has no concern with the alleged occurrence. The F.I.R. has been lodged after the inordinate delay of about 3 months from the date

Patna High Court CR. MISC. No.14078 of 2024(2) dt.04-03-2024 2/2 of occurrence. During investigation, none of the independent witnesses has supported the prosecution case. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 24.11.2023. The other named co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order 04.11.2022 and 24.11.2022 passed in Cr. Misc. No. 47522 of 2022 and 47615 of 2022 respectively.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 200 of 2012.

(Ramesh Chand Malviya, J) lata/- U T