Sujay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6012 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -ALAMGANJ District- PATNA ======================================================

1. Sujay Mahto Son of Late Fakita Mahto, resident of Mohalla- Bari Patan Devi Colony, P.S. Alamganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Alamganj P.S. Case No. 263 of 2015 registered for the offence punishable under Section 302 of the Indian Penal Code. Allegedly, the petitioner assaulted Vijay Mahto the husband of the informant with brick on his head causing his death. Submission is of false implication and that the petitioner is the brother of the deceased, there was no intention to commit murder, the husband of the informant died due to intoxication and he received injury due to fall, there was no motive to commit the crime and the petitioner is suffering in custody since 18.10.2015, deserves sympathetic consideration to

Patna High Court Cr.Misc. No.6012 of 2016 (2) dt.22-02-2016 2/2 which learned A.P.P. seriously opposes by submitting that the petitioner is the assailant.

In the facts and circumstances stated above, at present this Court is not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected.

However, petitioner may renew his prayer for bail after examination of the informant during trial. (Jitendra Mohan Sharma, J) siddharth/- U T