Dayanand Mahto And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.34073 of 2016 (4) dt.17-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34073 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================
1. Dayanand Mahto Son of Late Moti Mahto
2. Chandan Kumar @ Amit Chandan @ Kumar Amit son of Sri Dayanand Mahto Both resident of East Patel Nagar, Road, NO.-3, P.S.- Shastri Nagar, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners apprehend their arrest in connection with Shastri Nagar P.S. Case No. 159 of 2016 for the offences registered under Sections 328 and 302/34 of the Indian Penal Code.
Diary of the present case was called for, which has since been received.
FSL report was called for which has been received vide letter dated 29.09.2016.
Having heard learned counsel for the parties and upon consideration of postmortem report as well as Viscera Report
Patna High Court Cr.Misc. No.34073 of 2016 (4) dt.17-11-2016 which has been sent from the FSL, it appears that not only deceased was subjected to ante-mortem injuries but also some poisonous substance, which has been described in the said report as Endosulfan, which is highly poisonous and is used in agriculture for killing pests, has been found in the viscera sent for examination.
In view of such facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly, rejected Let the report of FSL be sent to the court of Judicial Magistrate, 1st Class, Patna in connection with Shastri Nagar P.S. Case No. 159 of 2016 to be placed on record.
(Anjana Mishra, J) Jagdish/- U T