Patna High CourtCR. MISC./4971/2020bail rejected

Rajesh Kumar @ Lalo Mahto @ Rajesh Kumar Mahto v. The State Of Bihar

2020-05-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4971 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== RAJESH KUMAR @ LALO MAHTO @ RAJESH KUMAR MAHTO S/o Late Kohai Mahto Resident of Village- Telani, P.S.- Bithan, Distt- Samastipur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-05-2020 Heard Mr. Randhir Kumar No. 1, learned counsel for the petitioner and Ms. Meena Singh, learned APP for the State. The petitioner, who is in custody since 25.09.2019 seeks bail in connection with Sessions Trial No. 631/2019 arising out of Bithan P.S. Case No 67/2019 dated 23.07.2019 registered for the offences under Sections 147, 148, 149, 323, 324, 341, 342, 504, 506, 302, 448/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner has one more case of similar nature to his credit, which fact stands stated in pargraph -3 of the bail petition.

The allegation in the present case against the petitioner is of having dragged the deceased out of the house when one Rishi Mahto is said to have shot him dead. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.4971 of 2020(3) dt.28-05-2020 2/2 from the reading of the First Information Report itself, it would appear that petitioner has falsely been implicated in this case because of long standing enmity. He has further submitted that the deceased has received only one gun shot injury, which is attributable to co-accused Rishi Mahto. He, therefore, seeks bail on the ground of false implication of the petitioner because of prior enmity.

For the nature of accusation as mentioned in the First Information Report, I am not inclined to grant bail to the petitioner for the present.

The petitioner may renew his prayer for bail after a reasonable period of time.

This application stands rejected with the aforestated observation.

(Ashutosh Kumar, J) sunilkumar/- U T