Vilash Mahto @ Belash Mahato @ Belash Mahto @ Vilas Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84745 of 2023 Arising Out of PS. Case No.-350 Year-2013 Thana- MAJHAULIA District- West Champaran ====================================================== Vilash Mahto @ Belash Mahato @ Belash Mahto @ Vilas Mahato Son Of Late Jatan Mahato R/O Village- Ojha Mathiya, P.S.- Majhauliya, DistrictWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 427, 379, 436, 504 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of setting the informant's houses on fire due to which his three houses burnt in which, three wooden bed, papers of land, Cash of Rs. 50,000/-, jewellery and other materials were kept.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has
Patna High Court CR. MISC. No.84745 of 2023(2) dt.08-01-2024 2/3 committed no offence. He submitted that both the parties are covillagers and there is a land dispute and chronic litigation between the parties. He further submitted that during investigation, there are several cases and counter cases between the parties on account of previous dispute and the present case is merely a counter blast of Majhauliya P.S. Case No. 353 of 2013 lodged by the member of the petitioner's side for an occurrence committed at an earlier point of time by the prosecution side. There is general and omnibus allegation against the petitioner and no specific overt act against him. On the basis of suspicion and due to his criminal antecedents, he has been made accused in the present case. He is languishing in judicial custody since 11.06.2023.
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 after framing of charge, if not framed. 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
Patna High Court CR. MISC. No.84745 of 2023(2) dt.08-01-2024 3/3 C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 350 of 2013.
(Sunil Kumar Panwar, J) Arish/- U T