Suresh Mahto @ Suresh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76762 of 2023 Arising Out of PS. Case No.-46 Year-2011 Thana- BHAGWANGANJ District- Patna ====================================================== Suresh Mahto @ Suresh Prasad son of Late Jitan Mahto Village- Dhanauti Pskalpa Dist- jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 302, 201, 34 of the Indian Penal Code.
3. As per prosecution case, on 18.08.2011 at about 11 AM, a dead-body of male was found in Bahadura Paine (canal) and thereafter, police registered a case against unknown for killing that person.
4. It is submitted on behalf of petitioner that F.I.R. was lodged against unknown person and dead-body was found in a paine having multiple injuries. During investigation, one Shambhu Paswan was apprehended and in his confessional statement, name of petitioner transpired as one of the person, who participated in the alleged crime. Save & except
Patna High Court CR. MISC. No.76762 of 2023(5) dt.01-05-2024 2/2 confessional statement, there is no other tangible evidence against this petitioner to show his involvement in the alleged offence. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Masaurhi, Patna in connection with Bhagwanganj P.S. Case No.46 of 2011, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T