Dinesh Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63305 of 2024 Arising Out of PS. Case No.-225 Year-2015 Thana- GAURICHAK District- Patna ====================================================== Dinesh Mahato S/O- Shivji Mahato R/O Vill-Barbara, Ps-Karja, DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shovendra Kumar For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner apprehends his arrest in a case registered for offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, on 30.10.2015 at 05:30 P.M., while the informant was coming back with his tractor and trailor, on way four persons asked him for lift and he let them come on the vehicle. It is further alleged that at about 07:40 when he reached near Balika Uchya Vidyalaya Ajim Chak, two of them pointed pistol on his temple and took him behind the school. One person restrained him on point of pistol and three persons took away informant's tractor and trailor towards Patna.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.63305 of 2024(4) dt.23-01-2025 2/2 petitioner is not named in the F.I.R. Name of the petitioner transpired during course of investigation on the basis of confessional statement of co-accused Braj Mohan Sahani. No incriminating article has been recovered from the possession of this petitioner. Petitioner is social activist and PACS Chairman in his Gram Panchayat and due to political rivalry, he has been falsely implicated in this case.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that petitioner has got five criminal antecedent, out of which, two are of similar nature.
6. Considering the nature of accusation and criminal antecedent, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay U T