Patna High CourtCR. MISC./2267/2024allowed

Lakhan Mahto v. The State Of Bihar

2024-01-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2267 of 2024 Arising Out of PS. Case No.-8 Year-2008 Thana- KOTHI District- Gaya ====================================================== Lakhan Mahto Son Of Late Ram Dayal Mahto Ro- Of- Village- Beni NagarPs,- Dumariya- Dist.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Prakash, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, 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 Kothi P.S. Case No. 08 of 2008, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against unknown persons for murder of the husband of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no material against the petitioner. He also submits that petitioner has no criminal antecedent and other co-accused persons, namely, Vijay Kumar, Kunti Devi @ Vira Devi and Berjesh Paswan @ Brajesh Paswan

Patna High Court CR. MISC. No.2267 of 2024(2) dt.29-01-2024 2/2 have been granted bail by the Co-ordinate Benches of this Court vide orders dated 28.10.2009, 19.08.2009 and 19.04.2011 passed in Cr. Misc. No. 36388 of 2009, Cr. Misc. No. 29262 of 2009 and Cr. Misc. No. 43545 of 2010 respectively and he is in jail custody since 10.10.2023.

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 SubDivisional Judicial Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case No. 08 of 2008.

(Sunil Dutta Mishra, J) ashishkr/- U T