Janwari @ Rajesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79083 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== JANWARI @ RAJESH MAHTO SON OF SHRI GANESH MAHTO RESIDENT OF VILLAGE - TELWA, P.S. - SIMULTALLA, DISTRICT - JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prakash Mahto For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 302, 307, 447 and 504 of the Indian Penal Code.
3. The allegation against the petitioner is to commit murder of the brother of the informant along with 19 named coaccused persons by causing several bodily injuries, where petitioner is alleged to cause injury below the knee of right leg of the deceased by using tengari.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.79083 of 2023(2) dt.13-12-2023 2/2 committed no offence. He has been falsely implicated in this case due to land dispute. There is general and omnibus allegation against the petitioner. The injury caused by the petitioner to deceased is not on the vital part of his body. Moreover, the other co-accused namely, Ramdev Mahto has already been granted bail by this Bench vide order dated 17.04.2023 passed in Cr. Misc. No. 44072 of 2022. Petitioner is languishing in judicial custody since 25.08.2023.
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. 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 of the like amount each to the satisfaction of the learned A.C.J.M. 2nd, Jamui in connection with Simultalla P.S. Case No.92 of 2021.
(Sunil Kumar Panwar, J) lata/- U T