Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34198 of 2023 Arising Out of PS. Case No.-535 Year-2022 Thana- GORAUL District- Vaishali ====================================================== RAJ KUMAR MAHTO SON OF BILAT MAHTO R/O-SAHPUR KHURD, P.S.-GORAUL (O.P. KATHARA), DISTT.-VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 120(B)/34 of the Indian Penal Code and Sections 302 and 201 of the IPC were further added.

As per prosecution case, petitioner and others alleged to have assaulted the informant's husband followed by administering toddy and other intoxicated items and since then the informant's husband was trace less. The informant has strong suspicion that petitioner along with other accused persons concertedly committed murder of her husband.

Patna High Court CR. MISC. No.34198 of 2023(3) dt.23-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is inordinate delay of three days in lodging the FIR. No one is the eye witness of the alleged occurrence. There is nothing against the petitioner save and except suspicion. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 12.07.2023 passed in Cr. Misc. No. 31480 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 3.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.34198 of 2023(3) dt.23-08-2023 3/3 of the learned ACJM-II, Vaishali at Hajipur in connection with Goraul PS Kathara O.P. Case No. 535 of 2022. (Sunil Kumar Panwar, J) sushma/- U