Parmanand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47253 of 2022 Arising Out of PS. Case No.-21 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== PARMANAND MAHTO Son of Charitra Mahto Resident of Village - Pakri, P.s.- Beerpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 21 of 2019, for the offence registered under Sections 147, 148, 149, 302, 307 and 504 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the deceased by lathi, danda and khanti, who is the husband of the informant, resulting in his death.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.47253 of 2022(3) dt.07-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 11.03.2022. It is further submitted by the learned counsel for the petitioner that the petitioner is an accused in two other cases but he is on bail in the said cases. The learned counsel for the petitioner has also submitted that similarly situated co-accused persons have already been granted the privilege of bail by co-ordinate Benches of this Court vide order dated 05.06.2020 passed in Criminal Miscellaneous No. 1145 of 2020, vide order dated 28.02.2020 passed in Criminal Miscellaneous No. 10346 of 2020, vide order dated 18.12.2019 passed in Criminal Miscellaneous No. 71610 of 2019 and vide order dated 09.06.2020 passed in Criminal Miscellaneous No. 8337 of 2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.47253 of 2022(3) dt.07-02-2023 3/3 petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 21 of 2019.

(Mohit Kumar Shah, J) S.Sb/Saurav U T