Sikandar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71121 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Sikandar Mahto Son of Sri Badri Mahto R/o Village- Fatehpur, P.S.- Balia, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 302, 328, 120(B)/34 of the Indian Penal Code.
3. As per the prosecution case, on 13.03.2023 at 01.00 PM, all the FIR named accused persons including this petitioner came to the house of the informant and demanded their share in land purchased by him and also threatened that if share was not given to them, they would kill his son. It is further alleged by informant that on the same day at 09.00 PM, the accused persons trespassed into his house and throttled the neck of his son and killed him by putting selfos tablet in his mouth.
4. Learned counsel for the petitioner submits that from perusal of FIR, it is apparent that the informant is not eye
Patna High Court CR. MISC. No.71121 of 2024(2) dt.19-12-2024 2/2 witness to the occurrence. Informant has also not disclosed the source of information as to how he came to know about the involvement of the accused persons in the incident. Moreover, the post-mortem report does not reveal that any external injury has been found on the dead-body of the deceased. Learned counsel for the petitioner further submits that save & except suspicion, there is no other direct / indirect evidence against this petitioner to show his complicity in the alleged occurrence. Similarly situated two co-accused persons have been granted bail, vide order dated 03.05.2024 in Cr.Misc. No. 46377 of 2023 (Annexure - P/3). Petitioner claims clean antecedent and is in custody since 23.07.2024. Charge sheet has already been submitted.
5. Considering the aforesaid facts and circumstances, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai / concerned Court in connection with Baliya (Ballia) P.S. Case No. 76 of 2023. (Prabhat Kumar Singh, J) anay U T