Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73739 of 2024 Arising Out of PS. Case No.-99 Year-2022 Thana- MASHRAK District- Saran ====================================================== Mukesh Mahto S/o Lahbar Mahto R/o Village- Khajuri, P.S.- Mashrak, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar, Adv For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner seeks bail in connection with Mashrakh P.S. Case No. 99/2022 dated 06.03.2022 instituted for the offences punishable under Section 341, 323, 325, 307, 448, 506/34 of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the present petitioner against whom there is an allegation that all the accused persons has assaulted the informant as well as the family members.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further

Patna High Court CR. MISC. No.73739 of 2024(2) dt.18-01-2025 2/3 submits that he has clean antecedent. He further submits that due to prior enmity between the informant and the petitioners over cutting of electric wire. He further further the FIR has been lodged by the informant after delay of about two days from the alleged occurrence. He further submits that the nature of injury sustained by the informant and other persons are simple in nature, whereas allegation of causing injury is general and omnibus in nature and nothing specific allegation is against the petitioner.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. From perusal of the F.I.R., impugned order dated it appears that petitioner and the other co-accused persons of this case forcibly entered into the house of the informant and assaulted the informant and the family members. Four persons including the informant have been made injured and their injury report are at para no 13, 14, 15 and 16. Injury report of injured Pawan Kumar show grievous injury having six injuries on his body. When ANCCT of the brain was done they it was found that hairline fracture of left temporal bone was their. So, considering all aspect of the matter and injuries sustained and the submissions made on behalf of the parties, this Court is not

Patna High Court CR. MISC. No.73739 of 2024(2) dt.18-01-2025 3/3 inclined to grant bail to the petitioner.

7. Accordingly, the anticipatory bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U