Viru Mahto@Rohit Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35820 of 2022 Arising Out of PS. Case No.-135 Year-2021 Thana- EKMA District- Saran ====================================================== Viru Mahto@Rohit Kumar Mahato Son Of Suresh Mahto R/O- Vill- Ekma Chatti Noniya Toli, P.S.- Ekma, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S. Tr. No.-429/2021 arising out of Ekma P.S. Case No. 135 of 2021 lodged under Sections 302/34 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, there is a direct allegation against the petitioner to make gun-shot on the left chest of the deceased.

Learned counsel for the petitioner submits that there is a direct allegation against the petitioner but after framing of charge, evidence of informant has taken place who become

Patna High Court CR. MISC. No.35820 of 2022(2) dt.19-09-2022 2/2 hostile in this case.

Learned counsel for the State opposes the prayer for bail and submits that his bail may be rejected, otherwise all the accused may be hostile.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected. (Dr. Anshuman, J) sadique/- U T