Awadhesh Mahto @ Jeek Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2140 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- GAURICHAK District- Patna ====================================================== AWADHESH MAHTO @ JEEK MAHTO, S/o Bishundeo Mahto Resident of Village- Gopal Tola (Gopalganj), P.S.- Gaurichak, District- Patna. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajeev Kumar For the Respondent/s :

Mr. Vinay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Sudhir Kumar, learned counsel for the appellant and Mr. Vinay Krishna, learned Special Public Prosecutor for the State.

This appeal is directed against the order dated 08.09.2020, in connection with Special Case No. 155 of 2020, arising out of Gauri Chak P. S. Case No. 83 of 2020, passed by the learned Special Judge, SC / ST, Patna, whereby the prayer for grant of bail has been rejected.

From the perusal of the F.I.R., it appears that the appellant and several others tried to stop the informant from fishing in a pond. Later, it has been

Patna High Court CR. APP (SJ) No.2140 of 2020(2) dt.05-01-2021 2/3 stated that the appellant along with other accused persons entered the house of the informant and assaulted him as well as his mother. Later, the deadbody of his father was recovered. With respect to the assault on the father of the informant (deceased), there is no eye-witness. The learned counsel for the appellant has submitted that he has been made accused because of past enmity between the families. The appellant used to protest against the illegal activities of the deceased. The deceased himself was a person of criminal antecedents and the possibility of his having been killed in some other transaction cannot be ruled out.

The appellant claims to be a person of clean antecedents and is in custody since 23.03.2020. Regard being had to the nature of accusation, the circumstances and the period of custody of the appellant, the order dated 08.09.2020, in connection with Special Case No. 155 of 2020, arising out of Gauri

Patna High Court CR. APP (SJ) No.2140 of 2020(2) dt.05-01-2021 3/3 Chak P. S. Case No. 83 of 2020, passed by the learned Special Judge, SC / ST, Patna, is set aside.

The appellant, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC / ST, Patna, in connection with Special Case No. 155 of 2020, arising out of Gauri Chak P. S. Case No. 83 of 2020.

The appeal stands disposed off accordingly.

(Ashutosh Kumar, J) skm/- U T