Nandu Kumar @ Nandu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15085 of 2024 Arising Out of PS. Case No.-332 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Nandu Kumar @ Nandu Mahto Son of Babu Mahto @ Madhu Mahto @ Badhu Mahto @ Badho Mahto Resident of Mohalla- Saguna Gandhi Murti, P.S.- Danapur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar,Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Rupaspur PS Case No. 332 of 2018, dated 03.08.2018, instituted for the offence punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act.
3. It is alleged in the written report that informant got information on 3.08.2018 that her son Sukhu Kumar has been murdered near Prashray Apartment, Railway Colony, Gola Raod, Patna by the FIR named accused persons. The informant found dead body of her son in the Sub-Divisional Hospital Danapur.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.15085 of 2024(2) dt.13-03-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. The petitioner is not named in the FIR. The FIR is lodged against 11 accused persons. The name of the petitioner has been transpired in this case only on the basis of the confessional statement of Ravindra Kumar @ Ravindra Singh, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 26-08-2019, passed in Cr. Misc. No. 39590 of 2019. It is submitted that other accused persons have already been granted bail by a co-ordinate Bench of this Court in the year 2019 itself. The petitioner has no knowledge about his false implication in the instant case.
The police never made any raid nor any process has been issued by the learned court below against the petitioner and on 12-06-2023, the police came to the petitioner's house and arrested him then the petitioner came to know that in December 2018, the police had recorded the alleged confessional statement of co-accused, namely, Ravindra Kumar @ Ravindra Singh. The petitioner is in custody since 12-06-2023, having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.15085 of 2024(2) dt.13-03-2024 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-11,Danapur, in Rupaspur PS Case No. 332 of 2018.
(Khatim Reza, J) shyambihari/- U T