Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17243 of 2020 Arising Out of PS. Case No.-169 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== SURESH MAHTO S/o Rajendar Mahto Resident of Village-Stapurwa, Police Station-Bairgania, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Pranav Kumar, A.P.P For the informant :

Mr. Pranav Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 169 of 2019 for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent is innocent and has not committed any offence. In fact, instant F.I.R. has been lodged on 02.08.2019 after conduction of Post Mortem Report whereas the occurrence took place on 31.07.2019 without explaining the plausible delay. The delay itself shows that the petitioner has been made accused in

Patna High Court CR. MISC. No.17243 of 2020(3) dt.07-07-2020 2/2 this case on the basis of suspicion. The petitioner is rotting in judicial custody since 23.12.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned C.J.M. I/C, Sitamarhi in connection with Bairgania P.S. Case No. 169 of 2019.

(Arvind Srivastava, J) brajesh/- U T