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Patna High CourtCR. MISC./33276/2023allowed

Nandan Mahto @ Ankit Kumar v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33276 of 2023 Arising Out of PS. Case No.-542 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== NANDAN MAHTO @ ANKIT KUMAR S/O SURESH PRASAD @ SURESH MAHTO R/O Village- Amarpur Bhawanichak, P.S- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and sections 27 of the Arms Act.

As per allegation in the FIR, petitioner has called the son of the informant by phone on the pretext of seeing a chunk of land. It is alleged that another person, co-accused Vikki Kumar was waiting at the place where he has been shot dead. Then on getting information, informant rushed to the place of occurrence and took his son to the hospital, but his son died in course of treatment.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.33276 of 2023(2) dt.24-06-2023 2/2 that petitioner has been falsely implicated in this case. Though the petitioner is not named in the FIR but due to his criminal antecedents, he is remanded in the present case. Save and except confessional statement Vikki Kumar, nothing has come against the petitioner during investigation to show his involvement in the present case. Petitioner is languishing 6.12.2022. 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 of the learned Additional Sessions Judge-V, Danapur in connection with Naubatpur P.S. Case No. 542 of 2020.

(Sunil Kumar Panwar, J) sushma/- U