Sapendra Mahto @ Sapendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.53353 of 2016 (3) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53353 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Sapendra Mahto @ Sapendra Kumar S/o Ram Deo Mahto Resident of Village - Dhanha, P.S. - Bela, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody in connection with Sonbarsa P.S. Case No. 58 of 2016 registered under Sections 326(A) of the Indian Penal. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. In fact there was love affair between the petitioner and the informant. During course of investigation not even a single independent witnesses have supported the prosecution case. Petitioner has got clean antecedent and rotting in custody.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation of throwing acid (Tezab) over the informant on account of which, the informant sustained grievous acid burn injuries. Even the witnesses have already supported the prosecution version, which is evident

Patna High Court Cr.Misc. No.53353 of 2016 (3) dt.14-02-2017 from several paragraphs of the case diary.

Considering the nature of accusation, this Court is not inclined to grant regular bail to this petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T