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Patna High CourtCR. MISC./48808/2023allowed

Nandan Mahto @ Ankit Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48808 of 2023 Arising Out of PS. Case No.-143 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Nandan Mahto @ Ankit Kumar S/O Suresh Prasad @ Suresh Mahto R/O Village- Amarpura, Bhawanichak, P.S- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of commission of murder to the informant's father, namely, Guddi Sharma by gunshot injury by co-accused Vikash Kumar, Anjani Kumar and one un-known person.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of firing is against Vikash Kumar and Anjani Kumar. Petitioner is not named in the FIR not he has been put on TIP. Because of several criminal antecedents and suspicion, name of

Patna High Court CR. MISC. No.48808 of 2023(2) dt.04-08-2023 2/2 the petitioner has been dragged in this case by police. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Anjani Kumar, against whom there is allegation of firing, has already been enlarged on bail vide order dated 11.8.2021 passed in Cr. Misc. No. 35837 of 2021. Petitioner is languishing in judicial custody since 4.5.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge-III, Danapur, Patna in connection with Naubatpur PS Case No. 143 of 2020.

(Sunil Kumar Panwar, J) sushma/- U