Pankaj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34991 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== Pankaj Mahto S/o Naresh Mahto Resident of village- Sareya Akhetar, P.s.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-02-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 116 of 2020 for the offence registered under Sections 341, 323, 307, 504, 506, 34 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein, armed with sticks, farsa and bricks, having arrived at the field of the informant where altercation is alleged to have taken place on account of construction work being undertaken by the informant's side. The accused persons are stated to have assaulted the informant and others resulting in death of one Sunita Devi. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.34991 of 2020(3) dt.03-02-2021 2/2 in custody since 09.06.2020.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case dairy, I find that there is minuscule evidence available in the case diary so as to connect the petitioner with the alleged occurrence and a general and omnibus allegation has been levelled against the petitioner herein, apart from the fact that he is having a clean antecedent, hence I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 116 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T