Sudarshan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27171 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- KHAIRA District- Saran ====================================================== Sudarshan Mahto, Aged about 50 years, Male, Son of Pahlam Mahto Resident of Village - Khodaibagh, P.S.- Khaira, District - Saran at Chapra ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Khaira P.S. Case No. 172 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, the categorical accusation of firing upon the deceased is against other accused persons and the petitioner is only said to have led the other accused persons where the deceased was sleeping. It is therefore submitted that at best the petitioner was a member of the mob. There is no eye-witness to the alleged occurrence. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

BT/- (Vikash Jain, J) U T