Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30672 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== RAKESH MAHTO Son of Late Ram Pravesh Mahto Resident of VillageSisaie Pokhra Tola, P.S.- Goreakothi, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Goreakothi P.S. Case No. 103 of 2019 registered under sections 302/34 of the I.P.C. pending in the Court of C.J.M., Siwan. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Petitioner is in custody since 07.02.2020. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is full brother of the deceased. The daughter of the deceased in paragraph-45 of the case diary has specifically stated that before the occurrence, the petitioner threatened to kill

Patna High Court CR. MISC. No.30672 of 2020(3) dt.23-02-2021 2/2 the deceased due some dispute and the petitioner along with two others was also seen feeling away from the place of occurrence. Hence, he does not deserve to be enlarged on bail. Having considered the above facts and circumstances of the case and nature of allegation, this Court is not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer for grant of regular bail of the petitioner is rejected. (Arvind Srivastava, J) shailendra/- U T