Chhotu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1344 of 2020 Arising Out of PS. Case No.-152 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Chhotu Mahto, aged about 22 years, Male, Son of Rudal Mahto, Resident of Village- Manopur, P.S.- Bhaganwanpur, District- Begusarai. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Sumiran Rai For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2020 Heard Mr. Ram Sumiran Rai, the learned counsel for the appellant and Mr. Sadanand Paswan, the learned Special P.P. through video conferencing.

The appellant in this appeal seeks bail in Bhagwanpur P.S. Case No.152 of 2019, registered under Sections 147, 341, 323, 380, 387, 504, 506 and 354(B) of the Indian Penal Code, Sections 25(1-b)a/26/27 of the Arms Act as well as under Section 3(r)(s) of the SC/ST Act.

The informant Rupesh Paswan named seven persons including the appellant, namely, Chhotu Mahto and alleged that they all having armed with different weapons and firearms intruded in his house, abused the informant and misbehaved the family members of the informant. The accused persons took away jewellery at the point of pistol and also abused them by naming their cast. They also demanded extortion of Rs.50,000/-. One

Patna High Court CR. APP (SJ) No.1344 of 2020(2) dt.25-06-2020 2/2 accused namely, Amit Kumar was caught by the villagers along with the pistol and cartridges.

Learned counsel for the appellant submits that no specific allegation is made against the appellant. The appellant is in jail since 24.02.2020. The appellant has remained in jail for four months.

The learned Special P.P. however, opposed the prayer for bail.

Having considered the fact that similarly situated other accused persons, namely, Amit Kumar, Prem Singh @ Prem Kumar @ Prem Kumar Choudhary, Anupam Choudhary @ Dhiraj Kumar Choudhary and Nitish Kumar @ Nitish Choudhary @ Nitish Kumar Singh @ Nitish Singh have already been granted regular bail, appellant, namely, Chhotu Mahto is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, Begusarai in connection with Bhagwanpur P.S. Case No.152 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T