Chintu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64022 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- CHANDI District- Nalanda ====================================================== Chintu Mahto, S/O- Vijendar Mahto, R/O- Village- Madhopur Dih, P.S.- Chandi, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar, Advocate For the State :

Mr.Anand Kishore Choudhary, APP For the Informant :

Mr. Gautam Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant, and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 150/2023, lodged on 18.04.2023 under Sections 302, 201, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the petitioner and others alleging therein that the petitioner in connivance with the other co-accused persons has killed the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean and he is in custody since 20.04.2023. He further submits that the deceased was actually

Patna High Court CR. MISC. No.64022 of 2023(3) dt.20-12-2023 2/3 indulged in the business of illicit liquor and due to this, he has a series of enemies. He further submits that in the case diary as well as in the FIR only suspicion has been raised against the petitioner. There is no cogent material on the basis of which it can be said that the petitioner is involved in the commission of the said crime. The chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail and submits that the case diary has been called for and paragraphs nos. 12, 13, and 37 are relevant due to the reason that the petitioner was last seen with the deceased.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that not only paragraphs 13 and 14 but also the details of the CDR also made it clear that the statement made in paragraph nos. 13- 14 is true that the petitioner was last seen with the deceased prior to his death.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Chandi P.S. Case No. 150/2023, pending before the learned ACJM, Hilsa, Nalanda is hereby rejected.

9. However, the trial Court is directed to release the

Patna High Court CR. MISC. No.64022 of 2023(3) dt.20-12-2023 3/3 petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial if he renews his prayer for bail after framing of charge.

10. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Ashwini/- U