Chandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41231 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== CHANDAN MAHTO Son of Haricharan Mahto Resident of village - Bhualtar, P.S.- Kauwakol, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 342, 387 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner along with others is of firing upon the son of the informant, due to which he succumbed to injury.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Rama
Patna High Court CR. MISC. No.41231 of 2023(3) dt.01-08-2023 2/2 Yadav, which has got no evidentiary value in the eyes of law. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Karu Yadav, who shot fired on the deceased, due to which he died. He is languishing in judicial custody since 27.07.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Chandradip P.S. Case No. 27 of 2022.
(Sunil Kumar Panwar, J) arish/- U T