Raj Kishore Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25215 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Raj Kishore Mahto S/o Late Munchun Mahto R/o Village- Hirolwa, P.S.- Mejorganj, District- Sitamarhi.

2.

Subhash Mahto S/o Raj Kishore Mahto R/o Village- Hirolwa, P.S.- Mejorganj, District- Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Adv For the Opposite Party/s :

Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-11-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. Petitioners seek pre-arrest bail in connection with Mejorganj P.S. Case No. 51 of 2020 registered for the offences punishable under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code.

At the outset, it is submitted by the learned counsel for the petitioners that during pendency of the present application preferred under Section 438 of the Cr.P.C., the petitioner no. 1 Raj Kishore Mahto has already been arrested and remanded to judicial custody.

In view of the submissions made above, the application for grant of pre-arrest bail to the petitioner no. 1 Raj

2/3 Kishore Mahto is disposed of as infructuous.

So far as the petitioner no. 2 Subhash Mahto is concerned, since he has actively participated in the commission of murderous attack on several persons in which the father-inlaw of the informant, namely, Bhajan Mahto died, I am not inclined to grant him pre-arrest bail. The prayer is rejected. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Sr. Secretary/registry for

3/3 up-loading of the present order without compromising with the norms of social distancing. rohit/- (Ashwani Kumar Singh, J) U T