Rajeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48160 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Rajeshwar Mahto, son of Ganja Mahto, resident of Village- Kiratpur Raja Ram, Police Station- Bhagwanpur in the District of Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-12-2016 Heard Mr. Sunil Kumar for the petitioner and Mr. Parmanand Prasad, APP for the State.

The petitioner is accused of Bhagwanpur P.S. Case No. 114 of 2016 registered under sections 307 and 379 IPC. The Gotia of the petitioner lodged the case that he was assaulted by the petitioner and his son with Lathi(s) which caused fracture of the hand of the informant.

The contention is that the petitioner is a fairly old person. Out of personal animosity, he has also been assigned the allegation. His son, who is similarly alleged to have assaulted the informant, upon surrender, has been granted bail. Learned APP, on the other hand, has opposed the

Patna High Court Cr.Misc. No.48160 of 2016 (2) dt.19-12-2016 2/2 prayer referring to the observation made in the impugned order. In my view, it is not a fit case for grant of anticipatory bail. Prayer is accordingly refused.

The petitioner should surrender and prayer for regular bail bringing to the notice of the court below all the relevant facts for consideration and disposal in accordance with law. (Kishore Kumar Mandal, J) HR/- U T