Allowed

Sakindra Mahto v. the State of Bihar

Patna HC28 Jul 2023CR. MISC./38396/2023

Case brief

AI extract

What is this about?

Single Judge of Patna High Court granted anticipatory bail to Sakindra Mahto in connection with a murder and affray case, allowing enlargement on arrest or surrender within four weeks subject to bail bond and sureties.

What did the court decide?

Petitioner directed to be enlarged on anticipatory bail upon arrest or surrender within four weeks, furnishing bail bond of Rs.10,000/- with two sureties of like amount each.

Sakindra Mahto Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.38396 of 2023

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Arising Out of PS. Case No.-154 Year-2022 Thana- MINAPUR District- Muzaffarpur

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======================================================

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Sakindra Mahto S/O Nandlal Mahto R/O Village- Panapur Bangla Tola, P.OPanapur, P.S. (O.P)- Panapur, P.S-Minapur, Dist.-Muzaffarpur

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... ... Petitioner/s

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Bharat Lal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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2 28-07-2023 1. Heard the learned counsel for the petitioner and learned APP for the State.

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This is an application for grant of anticipatory bail in connection with Minapur P.S. Case No.154 of 2022, registered for offences under Sections 147, 148, 149, 341, 342, 323, 324, 307, 354(B), 120B/34 of the IPC. Later on, 302 of the of the IPC has been added.

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The case of the prosecution, in brief, is

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Patna High Court CR. MISC. No.38396 of 2023(2) dt.28-07-2023 2/4

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that all the 15 FIR named accused persons, including the petitioner herein, variously armed had arrived at the house of the father of the informant, whereafter they had assaulted the father of the informant with lathi , danda and farsa , resulting in him being grievously injured and subsequently during the course of treatment, the father of the informant had died.

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The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against all the accused persons, including the petitioner herein and as far as the petitioner is concerned, there is no allegation of him having engaged in any specific overtact. Lastly, it is submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by co-ordinate Benches of this Court, vide order dated 06.04.2023, passed in

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Patna High Court CR. MISC. No.38396 of 2023(2) dt.28-07-2023 3/4

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Cr.Misc. No.2332 of 2023 and vide order dated 20.07.2023, passed in Cr. Misc. no.31391 of 2023. 5. Per contra , the learned APP for the State has vehemently opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons, who have already been granted the privilege of anticipatory bail, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

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Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

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Patna High Court CR. MISC. No.38396 of 2023(2) dt.28-07-2023 4/4

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Magistrate, 1^st Class, Muzaffapur in connection with Minapur P.S. Case No.154 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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kanchan/-

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U T

Sakindra Mahto v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sakindra Mahto v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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