Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30756 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- NAYAGAON District- Saran ====================================================== SANJAY MAHTO S/O- Ram Nath Mahto R/V - Dumri Bujurg, P.S. - Nayagaon, Distt. - Chhapra at Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, over a dispute relating to construction of 'Chhajja', it is stated that the ten named accused persons including the petitioner herein as also one Ram Nath Mahto gave a blow to the husband of the informant as a result of which he sustained injuries and died in course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. The allegations are general and omnibus in nature. The

Patna High Court CR. MISC. No.30756 of 2021(4) dt.04-01-2022 2/2 petitioner is in custody since 29.1.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of coaccused Ram Nath Mahto who has been enlarged on bail vide order dated 5.1.2021 (Annexure-3).

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the general and omnibus allegations against the petitioner, chargesheet having been submitted and grant of bail to the above mentioned coaccused, the Court directs the petitioner to be enlarged on bail in connection with Nayagaon P.S. Case no.27 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Chhapra at Saran.

(Partha Sarthy, J) Saurabh/- U T