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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25966 of 2021 Arising Out of PS. Case No.-356 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Rakesh Mahto @ Rakesh Kumar Mahto Son of Harishchandra Mahto @ Harichandra Mahto Resident of Village- Birrakh, P.S.- Sursand, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 324, 307, 379/34 of the Indian Penal Code.

The allegation against the petitioner and others is of stabbing to the brother of the informant and snatching Rs. 20,000/-.

It is submitted by learned counsel for the petitioner that for the alleged occurrence of 26.09.2019, the F.I.R has been registered on 29.09.2019. There is no specific overt act against the petitioner. A statement has

Patna High Court CR. MISC. No.25966 of 2021(3) dt.22-03-2022 2/2 been made in para 3 of the petition that petitioner has no criminal antecedent.

From perusal of the case diary, it appears that the witnesses have supported the prosecution case. The fardbeyan of the victim has been recorded in para 43 of the case diary where he has specifically stated that this petitioner stabbed the back portion of his body. The injury report of the injured also corroborates the version of the victim.

Considering the fact that there is direct allegation against the petitioner to have stabbed the victim and the medical evidence also corroborates the prosecution version, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

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