Bholi Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5222 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Bholi Mahto Son of Mahendra Mahto

2. Madan Mahto Son of Narsingh Mahto Both Resident of Village - Oraiya, P.S and District - Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rounak Kumar Singh "Pankaj", Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard Sri Rana Pratap Singh, learned senior counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in Lakhisarai P.S. Case No. 248 of 2014, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act. The petitioners are named in the FIR, but there is very specific allegation against Subodh Mahto and Ranjit Mahto that they fired at Gopal Mandal and he died. Of course, there is no allegation of firing against the petitioners Bholi Mahto and Madan Mahto, but they have been convicted in a murder case and prayer for bail of similarly situated co- accused, namely, Mahendra Mahto @ Khagan Mahto has been rejected vide order dated

Patna High Court Cr.Misc. No.5222 of 2015 (3) dt.28-04-2015 2/2 23.01.2015 passed in Cr. Misc. no. 35841 of 2014. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T