Patna High CourtCR. MISC./19996/2019rejected

Nand Kishore Mahto v. The State Of Bihar

2019-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19996 of 2019 Arising Out of PS. Case No.-11 Year-2015 Thana- SAHODARA District- West Champaran ====================================================== NAND KISHORE MAHTO Son of Chokat Mahto Resident of Village/Mohalla - Dhamaura, P.S.- Sahodra, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

The petitioner apprehends his arrest in Sahodra P.S. Case No.11 of 2015 registered under Section 307 and other Sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected by order dated 06.11.2015 passed in Cr. Misc. No.40496 of 2015 but the petitioner again filed this petition for grant of his anticipatory bail on the ground that one Ram Narain Panjiar who died on 09.11.2013 was also made accused in the case. There is a counter version being Sahodra P.S. Case No.12 of 2015. The present case is out and out a false case on account of land dispute but I find that the petitioner has got scant respect for law. His prayer for anticipatory bail was rejected on 06.11.2015

Patna High Court CR. MISC. No.19996 of 2019(2) dt.10-07-2019 2/2 but he did not surrender in the Court. He evaded his appearance for about four years. It appears from the record itself that it was petitioner who gave spade blow on the head of the informant causing head injury. The case lodged from the side of the petitioner was found to be false by the investigating officer. Taking into consideration the facts aforesaid, I do not find any ground to reconsider the prayer for anticipatory bail of the petitioner. Accordingly, the same is rejected. S.P., West Champaran, Bettiah is directed to take all necessary steps for arrest of the petitioner. Let a copy of this order be sent to S.P., West Champaran, Bettiah for information and needful. (Prabhat Kumar Jha, J) Saurabh/- U T