Praveen Mahto @ Pravind Mahto @ Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67599 of 2022 Arising Out of PS. Case No.-21 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Praveen Mahto @ Pravind Mahto @ Praveen Kumar Son of Vasudev Mahto R/o Village - Tandi, P.S.- Bhagwanpur, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No.21 of 2019 registered for the offence under Sections 147, 149, 302, 307 and 504 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.08.2022.
The allegation against the petitioner is to commit the murder of the husband of informant alongwith other co-accused person due to previous enmities, while making an assault with lathi and khanthi.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case due to previous enmities. It is submitted that as per
Patna High Court CR. MISC. No.67599 of 2022(2) dt.24-02-2023 2/3 F.I.R. deceased/husband of informant arrived home safely and subsequent thereof, an altercation took place where allegation raised against seven accused persons including this petitioner to cause such bodily injuries, resulting death of her husband. It is submitted that nature of allegation is appearing very much general and omnibus against this petitioner without attributing any overt act. It is also submitted that similarly situated co-accused, namely, Shivanand Mahto has already granted bail through Cr. Misc. No. 10346 of 2020 vide order dated 28.02.2020. While concluding the argument, it is submitted that petitioner found involved in three more cases, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that petitioner actively participated in the occurrence.
In view of the facts and circumstances as mentioned above and by taking note of the nature of allegation, as regard to assault, which is appearing very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to
Patna High Court CR. MISC. No.67599 of 2022(2) dt.24-02-2023 3/3 be released on bail in connection with Bhagwanpur P.S. Case No.21 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T