Birju Mahto @ Biraju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24204 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- KASBA District- Purnia ====================================================== 1.

Birju Mahto @ Biraju Mahto S/o Anandi Mahto R/o Village- Dogachhi, Ward NO. 03, Kullakhas, P.S.- Kasba, District- Purnia 2.

Mithu Mahto S/o Birju Mahto @ Biraju Mahto R/o Village-Dogachhi, Ward No.03, Kullakhas, P.S-Kasba, District-Purnia 3.

Panki Mahto @ Pinaki @ Panki Lal Mahto S/o Late Dhudhraj Mahto R/o Village- Dogachhi, Ward NO. 03, Kullakhas, P.S.- Kasba, District- Purnia ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 103(1), 238, 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on 02.11.2024 at about 12 noon, father-in-law of informant had gone out from his house, but till night he did not return and on the next morning, his dead-body was recovered from maize field of one Manoj Mahto. Informant suspects that all the F.I.R. named accused persons including petitioners, being co-sharers and due to land dispute, committed the murder of her father-in-law and concealed his dead-body in the maize field with a view to screen themselves from the legal action.

Patna High Court CR. MISC. No.24204 of 2025(2) dt.01-05-2025 2/2

4. Learned counsel for the petitioners submits that informant is not eye-witness to the alleged occurrence and she has raised only suspicion against petitioners on account of pending land dispute. During investigation, no cogent material has come to show complicity of petitioners in the alleged occurrence. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1, Purnia in connection with Kasba P.S. Case No. 282 of 2024, corresponding to G.R. No. 6440 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) anay U T