Bablu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42284 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Bablu Mahto S/o Ramotar Mahto, R/o Mirzapur, P.S.- Ballia, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate.

For the informant : Mr. Manoj Kumar, Advocate. For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Ballia P.S. Case No. 75 of 2018 instituted for the offence under Sections 364/34 of the Indian Penal Code. Subsequently, Section 302 I.P.C. was added.

It is alleged in the written report that petitioner along with other named accused persons kidnapped husband of the informant and took him towards Ganga Litar river. It is further alleged that witnesses as mentioned in the written report have seen this petitioner taking away husband of the informant. Case diary has been received.

In the case diary it is mentioned that police during investigation has recovered dead body of kidnapped husband

Patna High Court Cr.Misc. No.42284 of 2018(8) dt.27-11-2018 2/2 of the informant on 27.3.2018. As per inquest report, husband of the informant had sustained firearm injuries. Counsel for the petitioner submits that petitioner has been granted bail by coordinate Bench of this Court vide order dated 28.8.2018 passed in Cr. Misc. 44149 of 2018 with respect of Ballia P.S. Case No. 245 of 2017.

Counsel for the informant has appeared and submitted that total nine cases are pending against the petitioner. Counsel for the informant further submits that petitioner is habitual offender.

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

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial of petitioner.

Petitioner may renew his prayer for bail after six months in the event no substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T