Naresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71885 of 2023 Arising Out of PS. Case No.-9 Year-2013 Thana- KURSAILA District- Katihar ====================================================== NARESH MAHTO S/O LATE JAGDISH MAHTO VILLAGEGANDHIGRAM (GANDHI GHAR) BIND TOLI, PS. KURSELA, DIST. KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner 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. The allegation against the petitioner along with others is of killing the brother of the informant.
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.71885 of 2023(2) dt.07-11-2023 2/3 dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Rajla Mahto and Matra Mahto. There is no specific overt act against the petitioner. He further submitted that two accused namely Matro Mahto and Ranjeet Mahto have been put on Trial in S.T. No. 331 of 2018 and they have been acquitted by the learned trial Court vide judgment order 22.07.2019 and in the said trial in the informant of the present case was examined as P.W.-7 and he deposed that who had assaulted his brother he can not say and only he put his thumb impression on the fardbeyan and he claimed himself to be hear-say witness and the learned trial Court has been pleased to acquit the accused persons. He is languishing in judicial custody since 07.08.2023.
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 after framing of charge, if not framed. 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
Patna High Court CR. MISC. No.71885 of 2023(2) dt.07-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned Additional District Judge-III, Katihar in connection with Kursaila P.S. Case No. 09 of 2013.
(Sunil Kumar Panwar, J) Arish/- U T