Patna High CourtCR. MISC./49267/2017disposed

Lakhu Mahto v. The State Of Bihar

2017-11-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49267 of 2017 Arising Out of PS.Case No. -116 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lakhu Mahto Son of Ruplal Mahto, Resident of Village-Madhuaha Mal, P.S.-Rajepur, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Rajepur P.S.Case No.116 of 2015for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 379 of the Indian Penal Code.

Allegation against the petitioner and another accused persons is of assault by Farsa on head causing injuries to him. Submission of the learned counsel for the petitioner is that there is allegation of assault by the petitioner and one another co-accused by Farsa but only one injury has been found on the person of the injured in the post mortem report and the petitioner is in custody for more than one year and the sessions has also commenced.

Patna High Court Cr.Misc. No.49267 of 2017 (2) dt.09-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, at this stage, I am not inclined to grant bail to the petitioner, however, since the case has been committed to the court of sessions so once the progress is made in the case or after six months, the petitioner is at liberty to renew his prayer for bail before the learned court below, which will be considered on the basis of materials available on the record at that time against the petitioner and he will pass appropriate order. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T