Anil Kumar Mahto @ Vinod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20142 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Anil Kumar Mahto @ Vinod Mahto S/O- Late Shivji Mahto R/O- Pachpaika, P.S.- Ujiarpur, Dist.- Samastipur, Bihar.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 342, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. prosecution case in nutshell is that while the son of informant, namely, Sonu Kumar was washing his hands and legs at tube well, in the meantime, petitioner along with other co-accused persons came there and drag him. It is further alleged that petitioner caught the son of informant and co-accused Mithilesh Mahto shot him due to which he

Patna High Court CR. MISC. No.20142 of 2024(3) dt.04-04-2024 2/3 sustained to fire arm injuries. It is further alleged that at the instance of co-accused Santosh Mahto, co-accused Mahesh Mahto fired upon informant's elder son, namely, Manish Kumar to which he narrowly escaped. Co-accused Ranjubala was there with a bottle of acid.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and he has committed no offence. He has falsely been implicated in this case due to previous enmity and land dispute. There is case and counter case between the parties. No any specific overt-act attributed against the petitioners. From perusal of FIR, the specific allegation is against co-accused Mithilesh Mahto who opened fire upon the deceased due to which he died. It is further submitted that as per impugned order, cause of death due to firearm injury. Moreover, the petitioner is languishing in judicial custody since 22.12.2023. Similarly situated several co-accused persons have been granted bail vide order dated 20.02.2024, passed in Cr.Misc. No. 7911 of 2024 by this Court.

5. The application for bail is opposed by learned

Patna High Court CR. MISC. No.20142 of 2024(3) dt.04-04-2024 3/3 APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dalsingsarai (Samastipur) in connection with Ujiarpur P.S. Case No. 434 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T