Patna High CourtCR. MISC./10173/2017dismissed

Rameshwar Mahto v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10173 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rameshwar Mahto, son of Late Rajendra Mahto, Resident of VillagePakadi Bishouli (Naya Tola), Police Station- Guanaha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Anil Kumar For informant : Mr. Dinesh Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Gaunaha PS case no. 22 of 2016 for the offence under Sections 147, 148, 149, 323, 325, 448, 307, 302 of the Indian Penal Code.

It is submitted on behalf of petitioner that manner of occurrence is not supported by medical evidence and the petitioner is in custody for about five months. It is further submitted that all other co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.05.2016 passed in Cr. Misc. no. 22222 of 2016 and though the

Patna High Court Cr.Misc. No.10173 of 2017 (3) dt.20-03-2017 2/2 allegation against the petitioner is that he had assaulted indiscriminately on the deceased and other persons also assaulted the deceased but the medical evidence has not supported the same. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. In view of the fact that the allegation against the petitioner is that he has assaulted indiscriminately by lathi on head and the injury caused is due to hard and blunt substance and the case is under Section 302 of Indian Penal Code, I am not inclined to grant bail to the petitioner. As such, his prayer for bail is rejected at this stage. However, lower court is directed to expedite the trial and conclude the same within one year and the petitioner may renew his prayer for bail before the learned court below.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T