Arjun Mahto @ Arjun Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72182 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Arjun Mahto @ Arjun Kumar Mahto Son Of Sri Krishna Mahto Resident Of Mohalla - Sundarpur Chhathipokhar, P.S.- L.N.M.U., District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the while brother of the informant is returning home in the meantime petitiner 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. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.72182 of 2023(2) dt.08-11-2023 2/2 committed no offence. He has falsely been implicated in this present case due to previous rivalry. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with LNMU P.S. Case No. 126 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class Darbhanga. (Sunil Kumar Panwar, J) manishkumar/- U T