← Library
Patna High CourtCR. MISC./38287/2019dismissed

Raj Kumar Mahto v. The State Of Bihar

2019-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38287 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJ KUMAR MAHTO Son of Late Lauhar Mahto Resident of Village - Jhajhwa, P.S.- Manjhagarh, Distt - Gopalaganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Manjhagarh P.S. Case No. 01 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 414 of the Indian Penal Code, Section 27 of the Arms Act and Sections 4 & 5 of Explosive Substance Act.

Prosecution case is that petitioner and several other accused persons reached near the house of the informant on a tractor playing vulgar song on DJ and when brother of informant objected to the same, the petitioner fired, causing injury on his right knee and when informant came to save him he was also assaulted and thereafter accused persons hurled bomb on his house. It is further appears from seizure list that one empty cartridge, live bomb, small pieces of iron and

Patna High Court CR. MISC. No.38287 of 2019(3) dt.30-08-2019 2/2 motorcycle were recovered from the place of occurrence. Submission of learned counsel for the petitioner is that though there is allegation of firing against the petitioner but no firearm injury was found on the person of injured and he has falsely been implicated in this case.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner on the ground that allegation is serious in nature and apart from that petitioner is accused in eight other cases of serious nature.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T