Patna High CourtCR. MISC./72811/2023bail granted

Polish Mahto @ Police Mahto v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72811 of 2023 Arising Out of PS. Case No.-27 Year-2020 Thana- NAYAGAON District- Saran ====================================================== Polish Mahto @ Police Mahto Son Of Ramnath Mahto R/O Village - Dumari Bujurg, P.S.- Nayagaon, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the State :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

2. The petitioner seeks bail in connection with Nayagaon P.S. Case No. 27 of 2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, due to land dispute, the deceased was assaulted by the accused persons. The occurrence is of 18.02.2020 whereas the deceased has died on 26.02.2020.

4. It has been submitted by learned counsel for the petitioner that this is not a case of Section 302 of the Indian Penal Code and the petitioner is in jail since 18.09.2022. Learned counsel further submits that similarly situated coaccused, namely, Tarkeshwar Mahto has been granted bail by a co-ordinate Bench of this Court vide order dated 16.05.2023 in

Patna High Court CR. MISC. No.72811 of 2023(2) dt.09-11-2023 2/2 Cr. Misc. No. 17343 of 2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Saran at Chapra in connection with Nayagaon P.S. Case No. 27 of 2020.

(Sandeep Kumar, J) P. Kumar U T