Rajesh Mahto @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68840 of 2023 Arising Out of PS. Case No.-13 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Rajesh Mahto @ Rajesh Kumar Son Of Chandeshwar Mahto R/O Vill - Shahbajpurslem, P.S. - Ahiyarpur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 and 394 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, three unknown miscreants attacked on the informant and his brother when they left their shop in Afsara market and take turn to Jawaharlal Road. The informant further alleged that thee unknown persons reached there on a motorcycle, two persons came forward and fired on his brother and thrown mirchi powder in the eyes of the informant. Allegation of robbery of 40-60 thousand rupees is also there. The brother of the informant was brought in the

Patna High Court CR. MISC. No.68840 of 2023(2) dt.03-11-2023 2/3 hospital where doctor declared him dead.

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 before the police which has got no evidentiary value in the eye of law. Nothing consistent material has come against the petitioner during investigation. Similarly situated several co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide Anneuxre-2 series of this petition. Moreover, he is languishing in judicial custody since 02.09.2021.

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 Muzaffarpur Town P.S. Case No. 13 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68840 of 2023(2) dt.03-11-2023 3/3 satisfaction of learned Additional Sessions Judge 20, Muzaffarpur.

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