Patna High CourtCR. MISC./24752/2022bail granted

Viranjan Mahto v. The State Of Bihar

2022-09-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24752 of 2022 Arising Out of PS. Case No.-134 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== Viranjan Mahto S/o Late Bela Mahto Resident of Village - Sonbarsa, Police Station - Sonbarsa, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, co-accused Jitendra Mahto and Sushil Mahto shot dead the son of informant. It is submitted that specific allegation of firing is against other co-accused persons. Petitioner is only alleged to be driving the motorcycle on which other co-accused were pillion driver.. The police after investigation submitted final form stating that he was not present on the spot and not sent up for trial, but the court below differing with the same took cognizance against the petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.24752 of 2022(2) dt.12-09-2022 2/2 Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 Additional Chief Judicial Magistrate IV, Sitamarhi in connection with Sonbarsa P.S. Case No. 134 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T