Ashok Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57228 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.
ASHOK MAHTO S/o- LATE JHAPAS MAHTO Village- Shripur Gopalpur Ps- Sugauli Dist- East Champaran 2.
SATYENDRA MAHTO @ SATYENDRA KUMAR S/o- SRI BHANGRAJ MAHTO Village- Lamaunia Ps- Sugauli Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhuri Kumari, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 120B & 201 read with Section 34 of the Indian Penal Code.
3. Allegedly, the petitioners are said to have committed murder of the informant's son as they had threatened him earlier to kill his son.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. The real fact is that the deceased had borrowed a heavy amount for opening garage, but was not getting
Patna High Court CR. MISC. No.57228 of 2023(5) dt.16-01-2024 2/2 proper income from the business and the persons who had given money to him were making pressure upon him to repay the amount and as he was not in a position to repay the same, he committed suicide. There is no eye-witness in the present case. They have been transpired in the present case merely on suspicion. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as considering the arguments of the parties, as there is no specific overt act against the petitioners, the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sugauli P.S. Case No. 174 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T