Prabhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63894 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Prabhu Mahto S/O Bhavichan Matho Resident Of Village Shamsha Ward No. 12 P.S Nav Kothi Dist- Begusarai 2.

Satish Mahto Son Of Prabhu Mahto Resident Of Village Shamsha Ward No. 12 P.S Nav Kothi Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Nawkothi P.S. Case No. 79 of 2022 registered under sections 147, 148, 149, 323, 324, 504, 448 and 302 of the Indian Penal Code.

Allegation against the co-accused persons along with this petitioner is that they all assaulted the informant's son and also abused him. It is further alleged against the co-accused, namely, Pumpum Mahto, that he assaulted the informant's son on his head by lathi due to which he badly injured and on the way to hospital, he died.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.63894 of 2023(2) dt.11-10-2023 2/2 petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. Nothing specific allegation has been levelled against the petitioner rather the specific allegation of assault on the informant's son is against co-accused, namely, Pumpum Mahto. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Nowkothi P.S. Case No. 79 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Begusarai.

(Sunil Kumar Panwar, J) shubham/- U T