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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82107 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== SUNIL MAHTO @ SUNIL KUMAR MAHTO SON OF GANESH MAHTO RESIDENT OF VILLAGE - DARAUNDA, P.S. - DARAUNDA, DISTRICT - SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that he assaulted by means of stick over the head of the informant due to which he sustained injuries and succumbed to injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics and previous land

Patna High Court CR. MISC. No.82107 of 2023(2) dt.19-12-2023 2/2 dispute. As per Annexure-2, it appears that no any injury was found on the body of the deceased rather he died due to respiratory arrest due to coronary artery blockage. It is further submitted the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.06.2023.

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 Daraunda P.S. Case No. 180 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, Siwan. (Sunil Kumar Panwar, J) manishkumar/- U