Gupta Mahto @ Binod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5652 of 2018 Arising Out of PS.Case No. -270 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Gupta Mahto @ Binod Kumar Mahto, Son of Late Mohan Mahto, Resident of Village-Tehti Bind Toli, P.S. Marhaura, District-Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Marhaura P.S. Case No. 270 of 2015 instituted for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that in the written report there is allegation against co-accused Lal Bihari Mahto of assaulting the father of the informant with Dab indiscriminately.

Learned counsel for the petitioner has submitted that co-accused Kalawati Devi has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 24.05.2017 passed in Cr. Misc. 21602 of 2017. Learned counsel for the State has submitted that

Patna High Court Cr.Misc. No.5652 of 2018 (4) dt.29-03-2018 2/2 informant has alleged in last para of written report that this petitioner along with other accused persons have brutally assaulted the father of informant with Dab on account of which he died.

The post mortem report is available in the case diary wherein Doctor has found seven incised wound on the person of deceased caused by sharp edged weapon.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

The petitioner may surrender in the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order and if possible, shall be disposed off on the same day. (Sanjay Priya, J) S.Ali/- U T