Patna High CourtCR. MISC./42260/2024bail rejected

Kundan Mahto @ Matuki Mahto v. The State Of Bihar

2024-10-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42260 of 2024 Arising Out of PS. Case No.-108 Year-2023 Thana- DHANKUND District- Banka ====================================================== Kundan Mahto @ Matuki Mahto Son of Late Raj Kishore Mahto VillageHarinagar, Ps- Goradih, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with S.T. No. 54 of 2024 corresponding to Dhankund P.S. Case No. 108 of 2023 instituted for the offences under Section 302 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act

3. Allegation against the petitioner is of committing the murder of the informant's father.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.42260 of 2024(4) dt.23-10-2024 2/2 the petitioner is in custody since 10.09.2023 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that there is direct allegation against the petitioner of firing on the deceased which is further supported by the postmortem report of the deceased.

6. Considering the aforesaid facts and circumstances of the case, and direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. The prayer for grant of bail is, hereby, rejected.

8. Learned trial Court is directed to conclude the trial in expeditious manner.

(Rudra Prakash Mishra, J) Alok Verma/- U T