Nikku Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2285 of 2024 Arising Out of PS. Case No.-178 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Nikku Kumar Mahto Son Of Lalchand Mahto @ Lalchan Mahto Resident Of Village - Sindhuwari, Bind Toli, Ward No.14, P.S. - Gwalpara, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with ST No. 170 of 2023 arising out of Gwalpara P.S. Case No. 178 of 2022, registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, some unknown miscreants killed the father of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. He further submits that no incriminating articles have been recovered from the conscious possession of the petitioner or from the house of the petitioner

Patna High Court CR. MISC. No.2285 of 2024(2) dt.29-01-2024 2/2 except the confessional statement there is no material against the petitioner. He also submits that similarly situated accused persons, namely, Rana Kumar and Shivam Kumar have already been granted bail by different Co-ordinate Benches of this Court vide orders dated 18.05.2023 and 07.07.2023 passed in Cr. Misc. No. 24005 of 2023 and Cr. Misc. No. 9329 of 2023, respectively. He also submits that petitioner has two criminal antecedent and he is in jail custody since 17.10.2022.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Madhepura in connection with ST No. 170 of 2023 arising out of Gwalpara P.S. Case No. 178 of 2022. (Sunil Dutta Mishra, J) ashishkr/- U T