Ram Avtar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59444 of 2022 Arising Out of PS. Case No.-216 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Ram Avtar Mahto, Son Of Late Yogendra Mahto R/O Village- Sondho Mubarakpur, P.S.- Goraul, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 379, 427, 448, 302/34 of the Indian Penal Code.

The allegation against the petitioner and others is of brutally assaulting the father of the informant leading to his death.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.59444 of 2022(4) dt.18-03-2023 2/3 that the petitioner is innocent and he has falsely been implicated in the present case due to having land dispute with the informant and his family. He submitted that the deceased was an old person and had many old age diseases and after perusal of fardebeyan, it is clear that the informant is not an eye-witness of the alleged occurrence and he has also not stated in his fardebeyan that, who had informed about the said occurrence. Learned counsel for the petitioner further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 18.10.2022 passed in Cr. Misc No. 40634 of 2022. The petitioner has no criminal antecedent as stated in para-3 of the bail petition. It is also submitted that petitioner is languishing in judicial custody since 04.06.2022. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Goraul P.S. Case No. 216 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.59444 of 2022(4) dt.18-03-2023 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T