Guddu @ Sumeshwer Mahto @ Sumesar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32806 of 2015 Arising Out of PS.Case No. -322 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. GUDDU @ SUMESHWER MAHTO @ SUMESAR MAHTO Son of Binod Mahto Resident of village Maniyari ,P.s Shikarpur, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 120 (B)/34 of the I.P.C Allegedly, the petitioner and other co-accused came and co-accused Asha Devi dashed the cycle of the informant's father resulting he fell down and then the petitioner and coaccused Ghuran Mahto assaulted the father of the informant with iron rod on his head causing his death and co-accused Sumesh Kumar Mahto was instigating to kill.

Submission is of false implication and that there is no specific allegation against the petitioner. Co-accused Binod Mahto

Patna High Court Cr.Misc. No.32806 of 2015 (4) dt.23-11-2015 2/2 has raised voice relating to misappropriation of government money under the scheme of MANEREGA and due to that the petitioner and others have been implicated in this case. Other coaccused have been allowed bail. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail by submitting that against the petitioner there is specific allegation for assaulting with iron rod on the head of father of the informant and the doctor has also found three ante-mortem injuries on the person of the deceased.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner that he and co-accused Ghuran Mahto caused injury on the head of the deceased and three injuries have been found on the person of the deceased and as such this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Shikarpur P.S. Case No. 322 of 2014 pending in the court of C.J.M. Bettiah, West Champaran. (Jitendra Mohan Sharma, J) Abhay/- U T