Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16332 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Raju Mahto Son Of Raja Ram Mahto R/O Village- Chakarbirdi, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh For the State : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 302, 34 of the Indian Penal Code. As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the family members of the informant by means of knives, axes, swords due to which his family members sustained injury. It is further alleged that during the alleged occurrence, the petitioner gave knife blow on the chest of informant's family member, namely, Atish Kumar due to which he

Patna High Court CR. MISC. No.16332 of 2023(3) dt.23-06-2023 2/3 sustained knife blow injury and died on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation of stabbing against the petitioner due to which family member of the informant sustained knife blow injury and died on the spot. As per postmortem report, which is annexed with case diary, wherein doctor opined cause of death due to haemorrhage and shock caused by sharp object.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of knife blow on the chest of the deceased, resulting into his death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.16332 of 2023(3) dt.23-06-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) manishkumar/- U T