Muna Mahto @ Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49999 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -DHANGAI District- BHOJPUR ======================================================

1. Muna Mahto @ Munna Mahto son of Ramjee Mahto, resident of the village-Ram Nagar, P.S.- Dhangai at District-Bhojpur (Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Dhangai P.S. Case No. 32 of 2016 for the offence punishable under section 302/34 of the Indian Penal Code pending in the court of Shri N. K. Shrivastava, Judicial Magistrate, 1st Class, Bhojpur at Arrah. It has been submitted on behalf of the petitioner that only allegation against the petitioner is that he was present with lathi at the time of occurrence but there is no allegation of assault on the person of the deceased and the petitioner is in custody for bout six months. It is also submitted that the petitioner has no criminal antecedent.

Heard learned A.P.P. also who has opposed the prayer

Patna High Court Cr.Misc. No.49999 of 2016 (3) dt.18-01-2017 2/2 for bail.

Having heard both sides and in view of the fact that there is allegation against the petitioner and in the statement under section 164 Cr. P.C. one Sudhir Kumar has also named the petitioner, I am not inclined to grant bail to the petitioner at this stage. However, the petitioner will be at liberty to renew his prayer for bail after framing of charge in the case. With the aforesaid observation, this application for bail is rejected.

(Vinod Kumar Sinha, J) Amin/- U