Patna High CourtCR. MISC./33692/2019rejected

Satish Mahto v. The State Of Bihar

2019-09-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33692 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== SATISH MAHTO Son of Late Ram Krishna Mahto Resident of Village - Nehra, P.S.- Nehra O.P. Manigachhi, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajib Ranjan Jha For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Manigachhi (Nehra O.P.) P.S. Case No. 75 of 2019 registered under sections 341, 323 and 384 of the I.P.C. and 37(c) of the Bihar Prohibition and Excise Act pending in the Court of A.D.J.-II-cum-Special Judge (Excise Act), Darbhanga vide G.O. Case No. 408 of 2019.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to land dispute. Both the parties are neighbour. Nothing has been recovered from the possession of the petitioner. Further submission is that petitioner is in custody since 22.04.2019.

Patna High Court CR. MISC. No.33692 of 2019(4) dt.13-09-2019 2/2 Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner has criminal antecedent. There is specific allegation of abuse and assault and also taking away money as Rangdari from the informant.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T