Anil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39879 of 2023 Arising Out of PS. Case No.-651 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Anil Mahto Son Of Raghunandan Mahto R/O Vill.- Belsar, P.S.- Vaishali (Belsar O.P.), Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 365 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 30.07.2021, the son of the informant left his house at about 2 P.M and went to the market but he did not return thereafter. The informant and his family members made all efforts but he could not be traced out. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.39879 of 2023(3) dt.22-08-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the basis of confessional statement of his daughter Rani Kumari. For the alleged occurrence of 30.07.2021, the F.I.R has been registered on 16.08.2021 without explaining the delay. There is no eye witness to the occurrence. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 27.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.39879 of 2023(3) dt.22-08-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 651 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T