Chandeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64938 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Chandeshwar Mahto S/o Nanki Mahto Resident of - Hardas Bigha Bind Toli, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Mohan Tripathi , Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State .

2. The petitioner seeks bail in a case registered for the offences under Section 302, 201, 120B read with Section 34 of the Indian Penal Code .

3 . As per the prosecution case , informant namely, Arvind Kumar alleged that petitioner along with other accused persons have assaulted and committed murder of Bhukhiya Devi and one other person near the Ganga river because of their illicit relation .

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged. Informant is not an eye witness to the alleged occurrence . Allegation of assault is against 20 persons and 10 to 15

Patna High Court CR. MISC. No.64938 of 2025(3) dt.03-11-2025 2/2 unknown persons. There is no specific overt act alleged against this petitioner. Petitioner claims clean antecedent and is in custody since 17.05.2025 . Similarly situated co-accused persons have already been granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 21.09.2024 in Cr. Misc. No. 46768 of 2024 .

5 . Learned counsel for the State opposed the bail petition of the petitioner.

6. Considering the aforesaid facts, period of custody and circumstances of the case and taking into account that there is no specific allegation alleged against the petitioner and also the fact that similarly situated co-accused persons have been granted bail and taking into account the period of custody , let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Session Judge Patna City in connection with Khusrupur P.S. Case No. 64 of 2024 .

(Prabhat Kumar Singh, J) Koushik/- U T