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Patna High CourtCR. MISC./48557/2019allowed

Arjun Mahto v. The State Of Bihar

2019-11-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48557 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

ARJUN MAHTO Son of Lallan Mahto Resident of Village - Jamira, P.S.- Ara Muffasil, District- Bhojpur (Ara) 2.

Lallan Mahto Son of Late Mohan Mahto Resident of Village - Jamira, P.S.- Ara Muffasil, District- Bhojpur (Ara) ... ... Petitioners

Versus

The State of Bihar Bihar ... ... Opposite Parties ====================================================== with CRIMINAL MISCELLANEOUS No. 56408 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

BHIM MAHTO Son of Lallan Mahto Resident of Village - Jamira, P.S.- Ara Muffasil, District- Bhojpur (Ara) 2.

Nakul Mahto Son of Late Mohan Mahto Resident of Village - Jamira, P.S.- Ara Muffasil, District- Bhojpur (Ara) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 48557 of 2019) For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Anand Kishore Choudhary (In CRIMINAL MISCELLANEOUS No. 56408 of 2019) For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend his arrest in connection with Ara Muffasil P.S. Case No. 131 of 2019 for the offence

Patna High Court CR. MISC. No.48557 of 2019(4) dt.20-11-2019 2/2 under Section 302/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case merely on the basis of suspicion and further there is delay of two days in lodging the F.I.R and further the dead body of the deceased was found lying in Pidelwaki Yadav land situated near the Pacs godown. Considering the facts and circumstances of the case, let the above named, petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, 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 Bhojpur, Ara in connection with Ara Muffasil P.S. Case No. 131 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) siddharth/- U