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Patna High CourtCR. MISC./30914/2016rejected

Ravindra Mahto v. The State Of Bihar

2016-08-08Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.30914 of 2016 (2) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30914 of 2016 Arising Out of PS.Case No. -313 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Ravindra Mahto son of Khaderan Mahto resident of village- Haveli, P.S. Bihar Sharif, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Kumar For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-08-2016 Heard the counsel for the petitioner.

No one appeared on behalf of the State.

The petitioner along with two other accuseds are facing prosecution under Section 307, 379, 325, 323, 341/34 of the Indian Penal Code and 27 of the Arms Act vide Bihar Sharif P.S. Case No. 313 of 2015 The prosecution case in brief is that on 13.07.2015 when the informant went to the house of the petitioner to demand and collect his dues, the petitioner fired at the informant. He started fleeing therefrom, when a chase was offered and he was captivated. The petitioner again assaulted the informant on head by butt of the pistol. The other accused also stated to have

Patna High Court Cr.Misc. No.30914 of 2016 (2) dt.08-08-2016 assaulted him.

Contention of the petitioner is that over a dispute of payment of the dues, the occurrence is alleged to have taken place. No fire arm injury was received by the informant. Some of the co-accused of this case have been granted anticipatory bail vide Annexure-II.

Considering the nature of the allegation as also the injury sustained on the parietal part of the head, I am not persuaded to extend the privilege of anticipatory bail to the petitioner.

The bail application is rejected.

(Kishore Kumar Mandal, J) rohit/- U T