Mukesh Matho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82761 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- KOPA District- Saran ====================================================== Mukesh Matho S/O Hiralal Mahto R/O Village- Inayatpur (BRAHMACHARI), P.S- Daudpur, Distt.- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 364, 302, 201 of the Indian Penal Code.

It is a case of commission of murder of the sister of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner is not

Patna High Court CR. MISC. No.82761 of 2023(3) dt.18-01-2024 2/3 named in the F.I.R and only on the basis of suspicion, he has been roped in the present case. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. Not a single witness has alleged anything against the petitioner. The petitioner is languishing in custody since 17.06.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 17.02.2023 passed in Cr. Misc. No. 60707 of 2022. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.82761 of 2023(3) dt.18-01-2024 3/3 each to the satisfaction of learned Additional District Judge-V, Saran at Chapra in connection with Kopa P.S. Case No. 106 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T