Shrawan Mahto @ Shrawan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10218 of 2020 Arising Out of PS. Case No.-179 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Shrawan Mahto @ Shrawan Kumar Mahto, S/o Late Shivjee Mahto, Resident of Village- Sandha, P.S.- Mufassil, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chapra Mufassil P.S. Case No. 179 of 2019, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Saran at Chapra.

The accusation is that in the late evening of 14.05.2019, Pintu Kumar Mahto, brother of the informant, Mintu Mahto, was accompanied by six persons named in the FIR including the petitioner but at some distance, all started to abuse and causing assault to his brother, Pintu Kumar Mahto. At that time, Kameshwar Mahto shot fire through pistol causing

Patna High Court CR. MISC. No.10218 of 2020(2) dt.03-03-2020 2/2 injury at the left chest of his brother and Shrawan Mahto (petitioner) also fired through Katta causing injury at the left thigh of his brother. Thereafter, on raising alarm, all fled away. The neighbourers present there informed to the father of the informant on mobile. The cause of occurrence is fishing of the fish from the pond.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to fishing of the fish from the pond and he is in custody since 28.06.2019.

On the other hand, learned A.P.P. for the State submits that there is specific allegation against the petitioner to shot fire through katta at the left thigh of the deceased, brother of the informant.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

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