Bijai Kumar Mahto @ Bhima @ Bhim Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73339 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== BIJAI KUMAR MAHTO @ BHIMA @ BHIM KUMAR MAHTO Son Of Late Shyam Mahto Resident Of Village- Mukhiyaptti, P.S.- Saharghat, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the State :

Ms. Anita Kumari, APP For the Informant :

Mr. Abu Nasar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to be the conspirator of the alleged occurrence.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is not alleged to have participated in the offence. He is only alleged to be involved in the conspiracy of murder of the informant. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for

Patna High Court CR. MISC. No.73339 of 2023(3) dt.29-02-2024 2/2 the informant have vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Benipatti, District- Madhubani, in connection with Benipatti P.S. Case No.93 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T