Arjun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18164 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

ARJUN MAHTO S/O SHIV NANDAN MAHTO Resident of VillageMahanandpur, P.S.- Deep Nagar, District- Nalanda. 2.

RITA DEVI W/O ARJUN MAHTO Resident of Village- Mahanandpur, P.S.- Deep Nagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Sen Prasad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 149 and 302 of the Indian Penal Code and later on added Sections 201, 120B and 34 of the IPC.

The allegation against the petitioners along with others is of killing the son of the informant and threw his dead

Patna High Court CR. MISC. No.18164 of 2023(2) dt.12-05-2023 2/3 body in the Lane (Gali), when he went to attend nature call. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to previous enmity. They have committed no offence. There is general and omnibus allegation against these petitioners rather specific allegation of assaulting to the informant's son(deceased) is against co-accused Salendra Kumar, Akash Kumar and Ravikant Kumar, due to which he died. There is no specific overt act against these petitioners. He further submitted that the dead body was found in the street and due to dispute with respect to street, the name of the petitioners have falsely been dragged in this case. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 10.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.18164 of 2023(2) dt.12-05-2023 3/3 learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 518 of 2022. (Sunil Kumar Panwar, J) arish/- U T