IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79998 of 2024 Arising Out of PS. Case No.-469 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Bahadur Mahato, S/O Tilak Mahato, R/O Village- Saidpur, P.S- Dariyapur, Distt.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Khushi Awadh, Advocate For the State : Mr.Umesh Lal Verma, APP For the Informant : Mr. Rabish Kumar, Advocate Mr. Adarsh Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 27-02-2025 Heard Ms. Khushi Awadh,learned counsel for the petitioner, Mr. Rabish Kumar, learned counsel for the informant and Mr.Adarsh Gaurav, learned APP for the State. 2. The petitioner has prayed for bail in connection with Dariyapur P.S. Case No. 469 of 2024 registered for the offence punishable under Sections 103 and 3(5) of the Bhartiya Nyaya Sanhita. 3. The case of the prosecution is that the informant has gone to her maika for tying rakhi to her brother. It is alleged that on 19.08.2024 at 11.30 A.M., Bahadur Mahto and Suresh Sah took the husband of the informant. The husband of the informant did not come home till night. In the morning, the locals informed that behined a private school in the maize field Patna High Court CR. MISC. No.79998 of 2024(3) dt.27-02-2025 2/3 the body was lying. The murder was committed by electrocution. On this information, the informant and others went to the maize field and found the dead body. It is further alleged that there was land dispute between the petitioner and the deceased regarding 19 dhoor of ancestral land regarding which the petitioner threatened to remove him if the sale deed was not executed in his favour. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of investigation, the brother-in-law of the deceased and others have given their statements. They have stated that the petitioner and one other has taken away the deceased from his shop on 19.08.2024 and the dead body was found on 20.08.2024. From perusal of the postmortem report, burn injuries were found on the boy of the deceased. Cause of death is electrocution. During investigation, the I.O. has also collected a C.D.R. of one Suresh Prasad who had talked with the deceased. It is a case of circumstantial evidence and in the cases of circumstantial evidence, the chain of the occurrence must be complete. In this case, only this much has come in the investigation that the petitioner and one other have taken the Patna High Court CR. MISC. No.79998 of 2024(3) dt.27-02-2025 3/3 deceased from his shop one day prior when the dead body was recovered. Nothing else is there agaisnt the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 22.08.2024. 5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Judicial Magistrate, First Class, Saran, Chapra in connection with Dariyapur P.S. Case No. 469 of 2024. lata/- (Ashok Kumar Pandey, J) U T