Mukesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62776 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- JALALPUR District- Saran ====================================================== Mukesh Kumar Mahto Son Of Binod Mahto @ Vinod Mahto Resident Of Village - Kashi Tiwari Tola, P.S. - Jalapur, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B and 201 of the Indian Penal Code.

3. It is a case of commission of murder of the informant's brother by unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Ritesh Kumar who said that one Vikash stabbed the informant's brother due to which he died. As per the confessional statement

Patna High Court CR. MISC. No.62776 of 2023(3) dt.30-01-2024 2/2 of co-accused persons, the only allegation against this petitioner is that he is one of their associates except that nothing consistent material has come against the petitioner in this alleged offence. 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 06.06.2023.

5. Learned APP appearing for the state has 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 Jalalpur P.S. Case No. 119 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13th, Saran at Chapra.

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