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Patna High CourtCR. MISC./56935/2022allowed

Manoj Mahto v. The State Of Bihar

2023-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56935 of 2022 Arising Out of PS. Case No.-447 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MANOJ MAHTO S/O RAMSHEWAK MAHTO Resident of villageRupauli, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 341, 324, 326, 307, 302, 120B, 34 of the Indian Penal Code. As per prosecution, it is a case of commission of murder by the accused persons along with the petitioner. It is submitted that the informant got information from Jugeshwar Mahto @ Sahal Mahto who said that his brother had been with the accused persons. In the morning upon hearing rumor a dead body thrown in orchard of repura darbar, when he went there he found that his brother has been killed by stabbing. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. It is submitted

Patna High Court CR. MISC. No.56935 of 2022(3) dt.07-02-2023 2/2 that on suspicion the name of the petitioner came into light. No consistent evidence, no eyewitness of this occurrence. Petitioner is languishing in judicial custody since 14.03.2022. Postmortem report only one abrasion on chest sustained by deceased, doctor opined that death caused due to hemorrhage by hard and blunt substance.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Kanti P.S. Case No. 447 of 2021, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur. (Sunil Kumar Panwar, J) Ranjeet/- U T