Arjun Kumar @ Arjun Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41971 of 2022 Arising Out of PS. Case No.-343 Year-2022 Thana- SUPAUL District- Supaul ====================================================== ARJUN KUMAR @ ARJUN KUMAR MAHTO S/o Lal Mahto Resident of Brahamtola Telwa, P.S.- Navhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Supaul P.S. Case No. 343 of 2022 registered for the offence under Sections 147, 149, 323, 380, 427, 436, 448, 341 and 429 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 11.04.2022.

The allegation against the petitioner is to cause mischief by fire with intent to destroy house and also to commit

Patna High Court CR. MISC. No.41971 of 2022(2) dt.03-09-2022 2/3 theft in dwelling unit of the informant.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Prince Kumar, in furtherance of which nothing incriminating material surfaced/recovered to connect the petitioner, prima facie, with present set of occurrence. It is submitted that due to land dispute, petitioner has falsely been implicated in this case, where petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in the FIR.

Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered to connect petitioner, prima facie, with present set of occurrence, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Supaul P.S. Case No. 343 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.41971 of 2022(2) dt.03-09-2022 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T