Moti Lal Mahto @Mukesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53158 of 2022 Arising Out of PS. Case No.-433 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== MOTI LAL MAHTO @MUKESH PRASAD Son of Mundrika Mahto Resident of Village - Lahang Dumariya, P.S.- Bihiya, Distt.- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Bihiya P.S. Case No. 433 of 2020 registered for the offences punishable under Section 304 read with Section 34 of the Indian Penal Code. As per the prosecution case, the son of the informant died due to electrocution since the power was supplied in bare wire.

Patna High Court CR. MISC. No.53158 of 2022(2) dt.16-01-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. During the course of investigation, the name of the petitioner sprung up in this case at the instance of his enemy. He has further submitted that the occurrence took place at the field of co-accused persons Sanjay Singh and Vidya Mahto and the petitioner has no concern with the said land. The co-accused Sanjay Singh has alreay been granted anticipatory bail by a Coordinate Bench vide order dated 21.02.2022 passed in Cr. Misc. No. 31127 of 2021. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.53158 of 2022(2) dt.16-01-2023 3/3 concerned, Bhojpur at Ara in connection with Bihiya P.S. Case No. 433 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T