Ganga Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82846 of 2024 Arising Out of PS. Case No.-103 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Ganga Mahto Son of Lalka Mahto @ Lalo Mahto Resident of Village - Babhangama, P.S. - Nowkothi, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 102B/34 of the Indian Penal Code and Section 3 and 4 of the Explosive Substance Act.

3. The anticipatory bail of the petitioner was rejected by this Court vide order dated 30.08.2022 passed in Cr. Misc. No. 12815 of 2022. The petitioner surrendered before the Court below after delay of about two years.

4. As per the prosecution case, 10 to 15 unknown persons attacked the informant's son. When the informant came to know about the incident, he rushed to the place of occurrence, but the assailants threw a bomb at his son, resulting in his son's death.

Patna High Court CR. MISC. No.82846 of 2024(2) dt.24-01-2025 2/2

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has been made accused in the present case on the basis of confessional statement of co-accused. The petitioner has three criminal antecedent and has been languishing in custody since 13.06.2024.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nowkothi P.S. Case No.103 of 2021.

(Anjani Kumar Sharan, J) anand/- U T