Bhukahal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71314 of 2021 Arising Out of PS. Case No.-499 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.
BHUKAHAL MAHTO Son of Late Ram Prasad Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra 2.
Raj Kumar Mahto @ Raj Kr. Mahto Son of Khira Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra 3.
Lal Baboo Mahto Son of Late Dodha Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra 4.
Vicky Mahto Son of Budh Ray Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra 5.
Ram Babu Mahto Son of Late Dodha Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra 6.
Nand Lal Mahto Son of Kalu Mahto Resident of Village - Khajuri, P.S.- Mashrakh, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kumari For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mashrakh P.S. Case no. 499/20 instituted for the offence under Sections 302, 201, 120(B) of the Indian Penal Code. As per allegation in the FIR, dead body of father of the informant was lying in the pond. The informant suspected that due to previous land dispute with the petitioners, they have killed him. Learned counsel appearing on behalf of the petitioners has
Patna High Court CR. MISC. No.71314 of 2021(3) dt.18-07-2022 2/2 submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. In fact, deceased used to take intoxicate due to which he fell down in the pond and died due to sinking which found support from the opinion of the doctor in post-mortem report. There is no eye witness to this occurrence. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mashrakh P.S. Case no. 499/20 , he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IX Saran, Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U