Shanker Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52346 of 2015 Arising Out of PS.Case No. -87 Year- 2008 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shanker Mahto S/o late Chulhai Mahto, R/o Village Madhubanighat, P.S. Motihari Muffasil, District - Motihari.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-12-2015 Heard Mr. Pramod Kumar Pandey, learned counsel for the petitioner and Sri M.K.Nirala, learned Addl. Public Prosecutor.

The petitioner, who is in custody since 27-04-2015 in Motihari Muffasil P.S. Case No. 87 of 2008 registered for the offence under Section 302 & other allied sections of the Indian Penal Code, Section 27 of the Arms Act, 1959 and section 17 of the C.L.A. Act, has prayed for grant of bail. Learned counsel for the petitioner submits that in this case, almost all the F.I.R. named accused persons have already been granted bail and as such, the petitioner deserves to be enlarged on bail.

Learned Addl. Public Prosecutor has opposed the prayer for bail. He submits that the F.I.R. was lodged long back in

Patna High Court Cr.Misc. No.52346 of 2015 (2) dt.07-12-2015 2/2 the year 2008 and there is specific accusation against the petitioner that he opened fire, which hit the leg of the informant. Besides injuring informant, in the said occurrence, one Mukhiya was done to death by indiscriminate firing.

In view of nature of accusation, I do not find any ground to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T