Akhilesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40917 of 2023 Arising Out of PS. Case No.-212 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Akhilesh Mahto S/O Ghoghal Mahto @ Dhodho Mahto R/O Paharpur, P.SBallia, Distt.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 342, 365, 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped son of the informant for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of previous dispute. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with

Patna High Court CR. MISC. No.40917 of 2023(3) dt.10-08-2023 2/2 case diary, wherein he stated that he was abducted by the petitioner and his associates for the purpose of compromising of earlier murder case but he has not stated about any physical assault against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia P.S. Case No. 212 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,-Ist Class, Begusarai.

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