Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80696 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Ashok Mahto Son of Late Surjug Mahto R/O Vill.- Hardasbigha Bind Toli, P.S.- Khusharupur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-04-2025 Heard Mr. Arvind Prasad Singh, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201, 120B read with Section 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with other accused persons have assaulted and committed murder of Bhukhiya Devi and one other person near the Ganga river because of their illicit relation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. There is no specific allegation against the petitioner rather there is allegation against twenty person and no cogent

Patna High Court CR. MISC. No.80696 of 2024(4) dt.07-04-2025 2/3 material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the video footage which was captured by the independent witnesses suggests that the petitioner was involved in the present crime in question. The name of this petitioner transpired on the basis of confessional statement of co-accused namely, Nand Kumar during investigation. There is nothing except the confessional statement against this petitioner. Similarly situated other co-accused person namely, Nand Kumar has been granted bail by learned Co-ordinate Bench of this Court in Cr. Misc. No. 46768/2024 vide order dated 21.09.2024. The case of this petitioner is of similar footing. It is further submitted that the petitioner is languishing in judicial custody since 12.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Khushrupur P.S. Case No. 64 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.80696 of 2024(4) dt.07-04-2025 3/3 each to the satisfaction of learned Pratima Kumari Judicial Magistrate 1st Class, Patna City.

(Ashok Kumar Pandey, J) Sudhanshu/- U T