Ramdev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44072 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== Ramdev Mahto Son Of Pavitra Mahto R/O Village- Gadi Telwa, P.S.- Simultalla, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Informant/s : Mr. N.K. Agrawal, Sr. Adv. :

Mr. Jyoti Ranjan Jha, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner, learned A.P.P appearing on behalf of the State and learned informant.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 302, 307, 447, 504 of the Indian Penal Code.

The prosecution case as per F.I.R. is that the accused persons due to land dispute surrounded the informant's side and it is alleged that they assaulted one Mitthu Mahto and Govind Mahto. The specific allegation

Patna High Court CR. MISC. No.44072 of 2022(6) dt.17-04-2023 2/3 against other co-accused persons including the petitioner is that they used tangi to hit the chest of the Mitthu Mahto, who subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case due to land dispute. It appears from the F.I.R. that there is general and omnibus allegation against the petitioner. The postmortem report which is annexed as Annexure-2 does not corroborate with the prosecution case. Moreover, the other co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 11.08.2022 passed in Cr. Misc. No. 25417 of 2022. The petitioner is languishing in custody since 27.02.2022. Learned counsel appearing on behalf of the informant and learned A.P.P. appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.44072 of 2022(6) dt.17-04-2023 3/3 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 each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui in connection with Simultala P.S. Case No. 92 of 2021.

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