Sinhasan Mahto @ Sinhasan @ Singhasan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72107 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Sinhasan Mahto @ Sinhasan @ Singhasan Mahto Son of Late Satahu Mahto Village- Bahuara Sujan, P.S.- Kalyanpur, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 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 341, 342, 323, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.
3. According to the case of prosecution, it is alleged that petitioner along with others chased the informant and caught him and this petitioner ordered the other co-accused persons to kill him and on that order, co-accused Harendra Mahato gave knife on the informant due to which he sustained injury on his head. He again gave knife blow on the back of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.72107 of 2024(2) dt.07-10-2024 2/2 falsely been implicated in this case. From perusal of the F.I.R, it is clear that the only act which has been alleged against the petitioner is that he exhorted the main assailant to kill the informant except that nothing specific allegation has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.07.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that on the order of the petitioner, this offence has been committed.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 91 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari.
(Ashok Kumar Pandey, J) Shubham/- U T