Patna High CourtCR. MISC./60338/2024bail granted

Kameshwar Mahto v. The State Of Bihar

2024-10-28Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60338 of 2024 Arising Out of PS. Case No.-889 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Kameshwar Mahto Son of Late Saryug Mahto Resident of Village - Phulwar, Gamhariya, P.S. - Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363, 365 and 34 of the Indian Penal Code and added Sections 364, 302, 201 and 120B of the IPC, registered in connection with Turkauliya P.S. Case No. 889 of 2019.

3. The allegation against the petitioner along with others is of abducting the minor daughter of the informant and

Patna High Court CR. MISC. No.60338 of 2024(3) dt.28-10-2024 2/3 under conspiracy killed her.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. He submitted that there is general and omnibus allegation against the petitioner and no specific overt act alleged against him. There is no eye-witness to the alleged occurrence. He further submitted that the other co-accused persons have already been granted bail by a Co-ordinate Bench vide orders dated 05.12.2020 and 12.11.2020 passed in Cr. Misc. Nos. 22716 of 2020 and 29844 of 2020. The petitioner is a person of clean antecedent and he is in custody since 17.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as also the fact that other co-accused persons have already been granted bail, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 889 of 2019, subject to the condition that the petitioner shall co-operate in the

Patna High Court CR. MISC. No.60338 of 2024(3) dt.28-10-2024 3/3 disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T