Lalo Mahto @ Lalo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17556 of 2025 Arising Out of PS. Case No.-74 Year-2024 Thana- Chakia District- Begusarai ====================================================== Lalo Mahto @ Lalo Kumar Son of Mahendra Nishad Resident of VillageNew Kasha Diyara, P.S.- Maranchi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No 1 For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-109/352/351(2)/3(5) of B.N.S. and 27 of the Arms Act.

3. As per FIR, the informant alongwith his family had gone to holy Ganga bath. While he went to attend the call of nature, all the accused persons intercepted him and started abusing. On protest, the informant was assaulted and a gun shot injury was inflicted upon him.

4. It has been submitted on behalf of the petitioner that the FIR is against unknown persons and name of the petitioner has surfaced in this case on the basis of confessional

Patna High Court CR. MISC. No.17556 of 2025(3) dt.13-05-2025 2/2 statement of the co-accused. According to the confessional statement of the co-accused, Fekan Mahto; Bihari Mahto fired at the injured. Even if, the recitals of confessional statement are assumed to be true, then also, the petitioner is not the assailant. Except the confessional statement of co-accused, which is not admissible in evidence, there is nothing against the petitioner. He is a person of clean antecedent and is in custody since 31-102024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Chakia P.S. Case No. 74 of 2024.

(Nawneet Kumar Pandey, J) A.K.V.//- U T