Shiv Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42285 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- BADHAILA District- Rohtas ====================================================== Shiv Narayan Mahto Son of Late Suryabali Mahto Resident of Village - Siyanwak, P.s.- Baghaila, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Baghaila P.S. Case No. 96 of 2021 lodged under Sections 147, 148, 341, 342, 504, 506, 302, 120 (B) of the I.P.C. and Section 27 of the Arms Act.

As per the prosecution case, the allegation against the 6 persons including the present petitioner is to enter in the temple and fire on the father of the informant. Due to which he died. The specific allegation is against one Munna Singh, on the active participation of the present petitioner and Rajesh Kumar. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 42285 of 2022(4) dt.21-12-2022 2/2 evidences of 2 witnesses have already been taken place. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 02.02.2022 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that vide order dated 23.11.2022 in Cr. Misc. No. 40900 of 2022 bail petition of the co-accused has been rejected.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

Trial Court is directed to release the petitioner on bail 6 months from today, after imposing its own conditions, so that he may not evade his appearance during trial. (Dr. Anshuman, J.) ashishsingh/- U T