Bhola Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9293 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Bhola Mahto

2. Toni Mahto

3. Kushai Mahto, All sons of Pramod Mahto, residents of village Narainia, P.S. Mirganj, District Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anant Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mirganj P.S. Case No. 32 of 2015 registered under Section 302/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Gopalganj. The accusation is that on 02.02.2015, in the evening, Vijaymal Chouhan, husband of the informant, was returning home on motorcycle with Pappu Kumar from Mirganj Bazar. In the way, he went to the house of Promod Mahto for taking money but he was not present at house and

his son, Toni Mahto, took her husband of informant to Narainiya Railway crossing on pretest to takj to his father Promod Mahto and started abuse him. In the meantime, petitioner nos. 1 and 3 along with Darshan Mahto came there on motorcycle and started to assault the husband of informant and at that time, accused, Darshan Mahto, gave knife blow at his chest, on which, he fell down. While he was rushed to Hathwa Hospital but died.

Learned counsel for the petitioners submits there is specific allegation against co-accused, Darshan Mahto to gave knife blow to deceased, with general and omnibus allegation against the petitioner to cause assault to the deceased. It is further submitted that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioners Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court

in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T