Mahesh Mahto v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86685 of 2023 Arising Out of PS. Case No.-831 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Mahesh Mahto Late Prashuram Mahto Resident of Village-KAKAN KOYARI TOLA, P.S. ADARSH NAGAR, DISTRICT - JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 302 and 201 of the Indian Penal Code.
3. As per prosecution case, some unknown persons under conspiracy killed the mother of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Kameshwar Prasad and he has already been granted bail by a Co-ordinate Bench vide order dated
Patna High Court CR. MISC. No.86685 of 2023(2) dt.12-01-2024 2/2 07.07.2023 passed in Cr. Misc. No. 37096 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.01.2023.
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. 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 Additional District and Sessions Judge-IV, Patna City, Patna in connection with Gaurichak P.S. Case No. 831 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T