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Patna High CourtCR. MISC./31488/2025allowed

Munna Mahto v. The State Of Bihar

2025-05-15Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31488 of 2025 Arising Out of PS. Case No.-137 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Munna Mahto S/o Hazari Mahto R/o Village- Paharpur (Bangara), P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2025 Heard Mr. Shambhu Prasad Yadav, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.

3. The case of the prosecution is that the son of the informant was married with the daughter of Hajari Mahto. It is further alleged the matrimonial relation of his son was not sound. It is also alleged that Hajari Mahto, his son (the petitioner) and one Ajit Singh used to threatened the son of the informant (deceased). It is further alleged that few days ago, they have also threatened the son of the informant of dire consequences. The dead body of the informant's son was found

Patna High Court CR. MISC. No.31488 of 2025(2) dt.15-05-2025 2/3 near Kelbhat Bridge.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that this case is based only on the basis of suspicion. There is no eye witness to this occurrence. It has also been submitted that co-accused Hajari Mahto who is having similar nature of allegation has already been granted bail by learned Co-ordinate Bench of this Court vide order dated 03.11.2022 in Cr. Misc No. 23972 of 2022. The case of this petitioner stands of similar footing. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.12.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. 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 released on bail in connection with Baikunthpur P.S. Case No. 137 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.31488 of 2025(2) dt.15-05-2025 3/3 amount each to the satisfaction of learned J.M. 1st Class, Gopalganj.

(Ashok Kumar Pandey, J) Shubham/- U T