Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20254 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- TARAIYA District- Saran ====================================================== Narayan Mahto S/O Late Sudarshan Mahto R/O Village- Bhatoura P.STaraiyan, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Taraiyan P.S. Case No. 353 of 2023 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code.

3. The allegation against the accused persons including the present petitioner is of committing murder of the deceased/niece of the Informant and, thereafter, burying the dead-body under the ground and fleeing away from home.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.20254 of 2024(3) dt.14-05-2024 2/3 that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is no specific and direct allegation against the petitioner rather the same is omnibus and general in nature. There is no eye-witness to the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 02.11.2023 and the charge-sheet after investigation has been submitted in this case.

5. On the other hand, the learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the allegation made against the petitioner is serious in nature. He further submits that the petitioner is named in the F.I.R. and there is specific allegation against the petitioner of being involved in committing murder of the deceased. He further submits that there is a confessional statement of the petitioner of being involved in the alleged crime. The police, after investigation, has also submitted charge-sheet under Sections 302,

Patna High Court CR. MISC. No.20254 of 2024(3) dt.14-05-2024 3/3 201/34 of the I.P.C. against the petitioner and, thus, the petitioner does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the gravity and nature of the offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously.

(Rudra Prakash Mishra, J) rishi/- U T