Sudhir Mahto @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70450 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== Sudhir Mahto @ Sudhir Kumar Son Of Ramdev Mahto @ Ramdev Verma R/V-Gadi Telwa, P.S.-Simultala, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma For the Informant :

Mr. Jyoti Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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, 307, 447, 302 and 504 of the Indian Penal Code.

3. The prosecution case as per FIR is that the accused persons due to land dispute, surrounded the informant's side and it is alleged that they assaulted one Mitthu Mahto and Govind Mahto. The specific allegation other co-accused persons including this petitioner is that they used tangi to hit on the chest of the Mitthu Mahto, who subsequently succumbed to injuries.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70450 of 2023(2) dt.06-11-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is general and omnibus allegation has been levelled against all the accused persons including this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail this Court vide Annexure-3 series of this petition. Moreover, the petitioner is languishing in judicial custody since 12.05.2023.

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 Simultala 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.-II, Jamui.

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