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Patna High CourtCR. MISC./68810/2024bail granted

Manoj Mahto v. The State Of Bihar

2024-12-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68810 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Manoj Mahto S/o Late Bino Mahto R/o Ward No.10, Mirzapur Dih, P.O.- Husaina, P.S.- Ballia, 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.Zainul Abedin Mr.Bauye Jee Jha (B.J. Jha) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024

1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 323, 324, 384, 385 and 302 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 01.05.2024 at 6.00 A.M., the accused persons including the petitioner came variously armed for seeking extortion and started abusing his father. On protest, accused Navesh Kumar said that he has sold land and has not given extortion of Rs.3 Lacs and gave orders to kill and

Patna High Court CR. MISC. No.68810 of 2024(3) dt.13-12-2024 2/3 thereafter, Ram Pravesh caught his father from behind while petitioner and Navesh Kumar caught both his hands and Navesh assaulted his father by Axe causing injury on head, thereafter, Kicho Devi and Sita Kumariu caught his mother by hair and dashed her on the ground and assaulted by leg and fist, while Kanchan and Salgam Devi started pressing the neck of the informant along with his testicles, but he managed to save himself. Further, his father died on way to hospital.

4. The learned counsel for the petitioner submits that similarly situated co-accused Ram Prawesh Kumar had approached this Court seeking bail by filing Cr. Misc. No.73147 of 2024 and the same was granted by an order dated 07.10.2024, as such, seeks bail for the petitioner on parity as Ram Prawesh was alleged to have caught the father of the informant from behind. It is further submitted that petitioner is in custody since 14.05.2024.

5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing

Patna High Court CR. MISC. No.68810 of 2024(3) dt.13-12-2024 3/3 bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P. S. Case No.146 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T