Awadh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7363 of 2016 Arising Out of PS.Case No. -132 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Awadh Mahto Son of Late Ram Bhajju Mahto, resident of Village - Kurhadih, P.S. - Sikandra, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Tiwary For the Opposite Party/s : Mr. Shailendra Kr.Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sikandra P.S. Case No. 132 of 2015 registered for offences under sections 323, 324, 326, 302, 201/34 of the Indian Penal Code.

As per the first information report, at about 5-6 P.M. on 16.10.2015 while the informant was returning from his paddy field, he saw that the accused persons including the petitioner were holding the gun, stopped the motor cycle of his uncle Madan Mistry, assaulted him and took into brick kiln whereupon the victim said that now he would not demand of Rs. 50,000/- from the accused. The Police was informed, but the victim could not be

Patna High Court Cr.Misc. No.7363 of 2016 (3) dt.11-04-2016 2/2 traced out. On the next day, in the morning, the dead body of the victim was recovered.

The confessional statement of co-accused, Raj Kumar Mahto is at para 90 of the case diary where he has given the details about the offence was committed and on his statement, from the house of one Naresh Mahto, huge amount of arms including the mobile phones and live cartridges were recovered. As a gruesome murder has been committed, this Court, at present, is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. However, liberty is given to the petitioner to renew his prayer for bail after one year of jailcustody. (Shivaji Pandey, J) Mahesh/- U T