Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38945 of 2022 Arising Out of PS. Case No.-265 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== RAJESH MAHTO S/o Lalbachan Mahto R/o village- Belwa Piparpati, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advo For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19. Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Ramgarhwa P.S. Case No.265 of 2021 instituted under Sections 302/34 of the IPC.

As per the FIR, the husband of the informant received a call for receiving payment in the shop but upon reaching found accused persons with daggers in their hands who started assaulting him thus seriously injured whereafter they fled away. The husband subsequently succumbed to injuries. The reason behind the incident was that Rajesh Mahto had taken loan of Rs.25,000/- but failed to return and on demand the present incident happened. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.38945 of 2022(2) dt.30-09-2022 2/2 omnibus allegation against all the accused persons including the petitioner herein and as such he cannot be made an accused that has come in the allegation of the deceased wife.

Per contra learned APP Mr. Jitendra Kumar Singh took this court to the observations made by the learned Sessions Judge while rejecting the prayer of the petitioner which has not been refuted by the petitioner's counsel. According to it the petitioner herein had borrowed Rs.25,000/- from the deceased a year ago and on the false pretext of returning the same, he was called and further the learned Sessions Judge recorded in different paragraphs of the case diary according to which the petitioner gave dagger blow and upon his confession the said dagger was recovered and has been recorded in para-9 of the case diary. He has further recorded in para-24 of the postmortem report according to which the heart of the deceased was damaged by sharp instrument which could be a dagger. Considering the allegation that has come against the petitioner as narrated above, this Court is not inclined to grant him privilege of bail which is accordingly dismissed. (Rajiv Roy, J) Prakash Narayan /- U T