Patna High CourtCR. MISC./36028/2024bail rejected

Lalu Mahto v. The State Of Bihar

2024-10-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36028 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Lalu Mahto Son of Chhathu Mahto R/O VILLAGE- KHALILPUR, P.S.- KARJA, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Karja P.S. Case No. 219 of 2023 for the offence punishable under Sections 302/201/120(B)/34 of the Indian Penal Code lodged on 1.7.2023 by the informant, Makeshwari Devi.

3. As per the prosecution story, the informant's son went to the accused home for dinner. As it was getting late, she went to the house and saw him dinning with the accused persons and asked him to return after dinner. The son, however, failed to return and later, his dead body was found near the house of the accused persons. Accordingly, the FIR.

4. Though learned counsel for the petitioner submits that the entire family members have been roped in despite the fact that it is the last in case and on that ground, bail was

Patna High Court CR. MISC. No.36028 of 2024(3) dt.18-10-2024 2/2 granted to the two accused persons namely Chhathu Mahto and Seema Devi, learned APP Mr. Jitendra Kumar Singh opposes the prayer submitting that admittedly, the other accused have been granted bail and despite the FIR lodged on 01.07.2023 and the petitioner having been named in it, he delayed coming to the Court.

5. This Court finds force in the submission of the learned APP. It is a case of murder of an innocent and though omnibus allegation is there against the other accused persons, the fact remains that the petitioner has delayed coming to the Court. On this ground, the anticipatory bail application stands rejected.

6. If the petitioner surrenders within four weeks from today, the Court concerned shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) Vijay Singh/- U T