Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37202 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- ROH District- Nawada ====================================================== Mantu Kumar, Son of Kedar Mahto, Resident of Village - Roh, P.S.- Roh in the district of Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Roh P. S. Case No. 133 of 2018, disclosing offences under Sections 341, 323, 307, 504, 34 and 302 of IPC. Allegation against the petitioner and other accused persons that they came variously armed and assaulted the deceased by lathi, causing injury and thereafter other accused also assaulted to him. Later on, after 20 days, he succumbed injuries, as such Section 302 of IPC has also added. Submission of the learned counsel for the petitioner is that the postmortem report does not show any injury and cause of death could not be ascertained.
Heard learned A.P.P. also, who drawn my attention towards the injuries showing that there are several injuries on the person of the deceased caused by hard and blunt substance, whereas the postmortem report does not show any injury. There
Patna High Court CR. MISC. No.37202 of 2019(3) dt.19-09-2019 2/2 is specific allegation against the petitioner of assault by lathi. Having heard both sides, in view of the facts, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T