Kaushal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68581 of 2023 Arising Out of PS. Case No.-426 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Kaushal Mahto Son Of Jogendra Mahto Resident Of Village - Hardia Bedauli, P.S. - Khirimore, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishikant For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.68581 of 2023(3) dt.08-01-2024 2/3 been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused persons. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. The petitioner is languishing in custody since 22.05.2023. Moreover, other similarly situated co-accused person has been granted bail by a coordinate Bench of this Court vide order dated 21.09.2023 passed in Cr. Misc. No. 52365 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.68581 of 2023(3) dt.08-01-2024 3/3 Magistrate, Jehanabad in connection with Jehanabad Town P.S. Case No. 426 of 2023.

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