Patna High CourtCR. MISC./24453/2014rejected

Chhota Mahato v. The State Of Bihar

2015-01-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24453 of 2014 Arising Out of PS.Case No. -197 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chhota Mahato, son of Late Lalbabu Mahto, Resident of village- Kotwa Kapardhika, P.S.- Bagaha, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Shahin Begum(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by the learned counsel for the informant.

The petitioner is in custody since 18.5.2013 in Bagaha P.S. Case No.197 of 2013 for the offences under Sections 147, 148, 149, 447, 323, 324, 326, 307, 504/34 and 302 of the I.P.C.

It is submitted on behalf of the petitioner that though the allegation against the petitioner is specific as per the F.I.R. but, in fact, there was no pre-meditation and only during course of treatment the victim, Adalat Mahato, succumbed to his injury. Having heard the learned counsel for the petitioner, the informant and the State and considering the overwhelming

Patna High Court Cr.Misc. No.24453 of 2014 (5) dt.09-01-2015 2/2 material on record particularly relating to this petitioner as the main assailant who had given repeated farsa blow on the victim, I am not inclined to extend the privilege of bail to the petitioner. It is, accordingly, rejected.

However, as I am informed that the trial is in progress, the trial court is directed to proceed with the trial on day to day basis and ensure that the same would be concluded within a period of nine months from the date of receipt / production of a copy of this order.

(Anjana Mishra, J) AnilKrSinha/- U T