Matru Mahto @ Matra Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.30206 of 2018 (4) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30206 of 2018 Arising Out of PS.Case No. -9 Year- 2013 Thana -KURSELA District- KATIHAR ======================================================

1. Matru Mahto @ Matra Mahto, Son of Late Baijnath Mahto, resident of Village- Gandhi Gram, Bindhtoli, P.S.- Kursela, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 21.6.2017, seeks bail in Kursela PS Case No. 9 of 2013 registered under Sections 302/34 of the IPC and Section 27 of the Arms Act.

The accusation against the petitioner is that he shot in the mouth of the deceased and one Rajla Mahto shot in his abdomen. Learned Counsel for the petitioner submits that this petitioner has been in custody in this case for the last one year, the petitioner has falsely been implicated in this case due to some dispute relating to time of boat at the river bank. Whereas learned Counsel for the State submits that the accusation is specific against the petitioner and corresponding antimortem injuries were found in the post mortem report. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. However, the trial court is directed to expedite the trial and preferably conclude the same within a period of one year. Snkumar/- (Arun Kumar, J) U T