Kanchan Mahto @ Kanchan Nonia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11038 of 2022 Arising Out of PS. Case No.-29 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== KANCHAN MAHTO @ KANCHAN NONIA S/O RAJ KUMAR MAHTO R/O NORTH SANGAT KUMHAR TOLI, P.S. PHULWARISHARIF, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, while the informant and his son were returning home after closing the shop, they were intercepted on the way by the miscreants including the petitioner. Thereafter, co-accused Ajay Shastri and Deepak Mahto shot at him causing his death. It is alleged that said offence was committed for extortion.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11038 of 2022(2) dt.29-04-2022 2/2 petitioner is innocent and has falsely been implicated in this case. Though the petitioner is named in the FIR, but he has not been alleged to have fired on the deceased. He is in custody since 10.7.2021. Similarly situated several co-accused have already been allowed bail by different co-ordinate bench of this Court vide paragraph 8 of the bail petition.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IX, Patna in Phulwarisharif Police Station Case No. 29 of 2018.
(Prabhat Kumar Singh, J) Shashi U T