Bipin Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2390 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Bipin Mahto, son of Umesh Rai, resident of Village- Suhagi Tola, Parihara, Police Station- Bakhri, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in a case registered for the offences under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

There is specific allegation against the petitioner and one co-accused that they opened indiscriminate firing upon the informant's husband as a result of which he died. The informant claims herself to be the eye witness of the alleged occurrence.

Submission on behalf of the petitioner is that the deceased was having many criminal antecedents and, as a matter of fact, he was illegally selling illicit country made liquor and the

Patna High Court Cr.Misc. No.2390 of 2016 (2) dt.27-01-2016 deceased might have been killed by some unknown persons but the informant due to enmity and village politics implicated the petitioner in this case.

I am not convinced with the aforesaid submissions and, hence, prayer for bail of the petitioner in connection with Bakhri P.S. Case No. 173 of 2015 pending in the court of Sri Ramesh Mishra, Judicial Magistrate, 1st Class, Begusarai stands rejected.

(Hemant Kumar Srivastava, J) Amin/- U