Karu Mahto @ Karu Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62954 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== Karu Mahto @ Karu Kushwaha S/O Asho Mahto @ Ashok Kushwaha R/O Village- Gadi Telwa, Post- Telwa Bazar, Ps. Simutala, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Rajendra Prasad Nat For the Informant :

Mr. Jyoti Ranjan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 325, 326, 302, 307, 447 and 504 of the Indian Penal Code.

3. Allegation against the co-accused persons along with this petitioner is that they assaulted the informant along with one other by means of various instruments due to which one Mithu Mahto succumbed to injuries and other person also sustained injuries. It is further alleged that the allegation against the petitioner is that he assaulted on the left leg of the deceased.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62954 of 2023(2) dt.09-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. Nothing specific allegation has been levelled against the petitioner rather general and omnibus allegations have been levelled against all the accused persons including this petitioner. The assault on the left leg of the deceased by this petitioner is not the vital part of the body. Moreover, he is languishing in judicial custody since 26.06.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Similtalla P.S. Case No. 92 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 A.C.J.M.-1st, Jamui.

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