Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38110 of 2019 Arising Out of PS. Case No.-123 Year-2017 Thana- CHANDRADIP District- Jamui ====================================================== SANJAY MAHTO S/o Suresh Mahto R/o village- Dhanama, P.S.- Chandradeep, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Chandradeep P.S. Case No. 123 of 2017 registered under sections 147, 148, 149, 341, 323, 324, 307, 392, 326, 379, 452, 120B, 364A, 511 of the I.P.C. and 27 of the Arms Act pending in the Court of A.C.J.M.-I, Jamui.

Submission of learned counsel for the petitioner is that petitioner is quite innocent and has falsely been implicated in the present case due to local dirty village politics. Further submission is that petitioner is in custody since 02.01.2018 and he has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.38110 of 2019(4) dt.13-09-2019 2/2 that petitioner is named in the first information report. In the F.I.R., there is specific allegation against the petitioner of assault at the right hand and finger of the informant by means of sword. Hence, the petitioner does not deserve privilege of bail. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T