Lakhan Mahto @ Ram Lakhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56002 of 2017 Arising Out of PS.Case No. -572 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Lakhan Mahto @ Ram Lakhan Mahto, S/o Late Jagdish Mahto, resident of Village- Damodarpur, P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 05-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No.572 of 2016 registered under Sections 307, 379, 354, 323, 325, 504, 147, 148, 149 and, later on, added Section 302 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Lakhisarai.

The accusation is that in the evening of 22.11.2016 at about 04.00 P.M., 7 persons, named in the F.I.R., including the petitioner reached at the door of the informant Awdhesh Mahto and started to abuse. When the informant made protest, Nandlal Mahto caused blood oozing injury at the head of the informant

Patna High Court Cr.Misc. No.56002 of 2017 (2) dt.05-12-2017 2/2 through iron rod. On alarm being raised by the informant, when his uncle Geno Mahto alias Gedhari Mahto, cousin brother Sintu Kumar and mother Dhaula Devi rushed there then Shivdani Mahto and this petitioner caused injury at the head of Geno Mahto alias Gedhari Mahto, the uncle of the informant, through iron rod due to which he became unconscious and fell down. At that time, Omprakash Mahto, Nandlal Mahto, Banwari Mahto and Shyamlal Mahto caused injury at the head of Sintu Kumar, the cousin brother of the informant, through lathi and danda. Later on, Geno Mahto alias Gedhari Mahto, the uncle of the informant, died.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T