Gorakh Mahto @ Ram Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47747 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== GORAKH MAHTO @ RAM PRAVESH KUMAR Son of Sri Raghunath Mahto Resident of village - Sirisiya Vishwas, P.S. - Chanpatia (Sirisiya), Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Chanpatia (Sirisiya) P.S. Case No.271 of 2023 dated 06.05.2023 registered for the offence/s punishable under Section/s 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and he has been languishing in jail since 10.05.2023 and against him there is no criminal antecedent. Further submission is that during investigation mainly on the basis of petitioner's phone's network location as well as his communication with the deceased on mobile phone, he has been

Patna High Court CR. MISC. No.47747 of 2023(2) dt.02-08-2023 2/2 dragged in this case but except this there is no any other material against him and in this regard the order impugned may be perused and also there is no direct evidence against the petitioner to show his involvement in the alleged crime. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the facts that the petitioner is not named in the FIR and he is a young person and against him the investigation has been completed and as per order impugned he has been made accused during investigation on account of his phone's network location having been found near the place of occurrence as well as his communication with deceased on mobile phone and also taking into account his fair and clean antecedent, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Chanpatia (Sirisiya) P.S. Case No.271 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T