Shambhu Mahaseth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1562 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -MADHWAPUR District- MADHUBANI ====================================================== Shambhu Mahaseth, Son of Gopal Mahaseth, Resident of Village Pirokhar, P.S- Madhwapur, District Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nitu Kumari For the Opposite Party : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Madhwapur P.S. Case No. 28 of 2015, registered under Sections 147, 148, 149, 447, 341, 323, 504 and 264 of Indian Penal Code, pending in the Court of Addl. Sessions Judge-VI, Madhubani. The accusation is of kidnapping of Biranchi Mahaseth, brother of the informant Yogendra Mahaseth in the night of 08/09-072015 by this petitioner and seven others named in the F.I.R. due to land dispute and his dead body was recovered after four days from water canal.

Learned counsel appearing on behalf of the petitioner submits that petitioner is Patidar of the informant and due to land dispute he has been falsely implicated in this case. Petitioner is in custody since 13.07.2015.

Patna High Court Cr.Misc. No.1562 of 2016 (4) dt.02-03-2016 2/2 Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T