Mukesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52290 of 2022 Arising Out of PS. Case No.-21 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== MUKESH MAHTO Son of Ram Udgar Mahto Resident of Village - Tandi, P.s.- Bhagwanpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr. Anil Kumar Mr. Pritish Kumar Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code. Allegation against this petitioner along with other accused persons is of assaulting the husband of the informant with Lathi and Khanti causing death.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that allegation of assault is general and Similarly situated accused Anil Kumar has already been granted pre arrest bail by a co-ordinate Bench of this court vide order dated 01.03.2021 passed in Cr. Misc. No. 33797/ 2020.
Patna High Court CR. MISC. No.52290 of 2022(2) dt.20-12-2022 2/2 Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that petitioner is named in the FIR and the post mortem report corroborates the prosecution case. Considering the facts of the case, nature of accusation coupled with the fact that similarly situated accused has already been granted anticipatory bail, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur PS case No. 21/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T