Pramod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75623 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== PRAMOD MAHTO Son of Late Yaddu Mahto Resident of Village - Sundarpur, Chhathi Pokhar, P.S.- L.N.M.U., District - Darbhanga. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha For the Opposite Party/s :
Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, the informant alleged that while brother of the informant is returning home in the meantime petitioner and co-accused persons surrounded him and due to enmity started assaulted him by means of knife due to which his brother sustained injuries. Thereafter, he was taken to hospital where doctor declared him dead.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to
Patna High Court CR. MISC. No.75623 of 2023(2) dt.29-11-2023 2/2 dirty village politics. He has committed no offence. The informant is not an eye-witness of the alleged occurrence. There is general and omnibus allegation against the petitioner and no specific overt act against the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 08.11.2023 passed in Cr. Misc. No. 72182 of 2023. He is languishing in judicial custody since 28.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Darbhanga in connection with L.N.M. University P.S. Case No. 126 of 2023. (Sunil Kumar Panwar, J) Arish/- U T