Bhulan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29985 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Bhulan Mahto son of Ramdaras Mahato Village- Kharkatawa Ps- Palanwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarhwa P.S. Case No. 398 of 2023 dated 16.10.2023 registered for the offences punishable u/ss 394, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant along with his driver and munshi was returning from Muzaffarpur after collecting Rs. 26,70,000/- from the owner of Flour Mill. At about 8:20 P.M., when the informant reached the gate of Shiv Shakti Modern Flour Mill, they found that the gate of the mill was closed. When the driver of the vehicle came out
Patna High Court CR. MISC. No.29985 of 2024(2) dt.30-04-2024 2/3 to open the gate, indiscriminate firing was started from the driver side, due to which the driver and the munshi sustained firearm injuries. In the meantime, the informant fled away from there. Thereafter, 2-3 unknown miscreants fled away after looting the said money from the vehicle. Further, the injured were taken to the hospital and during the course of treatment munshi, Dilip Kumar succumbed to the injuries.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Gajendra Kushwaha and Sushil Mukhiya. Learned counsel has submitted that there is nothing on record against the petitioner except the confessional statement. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.12.2023
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.29985 of 2024(2) dt.30-04-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Raxaul at Motihari in connection with Ramgarhwa P.S. Case No. 398 of 2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T