Patna High CourtCR. MISC./40291/2016rejected

Sunder Mahton v. The State Of Bihar

2017-01-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40291 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Sunder Mahton S/o late Ramdeo Mahto Resident of Village- Hemanpur, PS Bakhari, Distt Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bakhari Police Station Case No. 115 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Petitioner is named in the first information report and it is alleged that he went to the house of informant and took the deceased as well as others. Subsequently, the informant came to know that deceased was poisoned to death by petitioner and others. In course of investigation, some witnesses stated that they saw the petitioner and others carrying the deceased on the alleged date of occurrence.

Patna High Court Cr.Misc. No.40291 of 2016 (4) dt.11-01-2017 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that investigation against the petitioner is still pending, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, hence, his prayer for anticipatory bail in connection with Bakhari P.S.Case No. 115 of 2016, pending in the court of Sub-Divisional Judicial Magistrate, Begusarai stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T