Mantun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76227 of 2024 Arising Out of PS. Case No.-179 Year-1999 Thana- BIBHUTIPUR District- Samastipur ====================================================== Mantun Mahto, S/o- Late Bramdev Mahto, Resident of village- Boriya, P.SBibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Bibhutipur P.S. Case No. 179 of 1999 registered for the offence punishable under Sections 147, 148, 149, 427, 447, 448, 323, 324, 325, 307, 380 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that on 18.11.1999 at about 6.00 P.M. when the informant was in his courtyard, 15-20 persons being armed with rifle and pistol broke the door of the informant, entered in the house and started assaulting with the butt of the rifle. It is further alleged that the accused persons assaulted the family members and took the suitcase containing clothes and valuables. In the last part of the F.I.R., it is alleged
Patna High Court CR. MISC. No.76227 of 2024(3) dt.24-01-2025 2/3 that they also took Rs. 30,000/- from a suitcase. It has been alleged that the petitioner was one of them.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that the nature of allegation is general and omnibus. There is no specific allegation against this petitioner. There is only circumstance against this petitioner is that the case is of the year 1999 and from perusal of the stage of the trial as received from the trial Court, it appears that a separate record is running for the trial of this petitioner. During course of hearing, learned counsel for the petitioner has submitted that he undertakes to present on each and every date and to cooperate in the trial. Petitioner is languishing in judicial custody since 07.05.2024.
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, 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
Patna High Court CR. MISC. No.76227 of 2024(3) dt.24-01-2025 3/3 of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Rosra, Samastipur in connection with Bibhutipur P.S. Case No. 179 of 1999.
(Ashok Kumar Pandey, J) lata/- U T