Bhikhari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60149 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Bhikhari Mahto Son of Ramdayal Mahto Resident of Village - Majhaura, P.S.- Sursand, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Dilbar Krishna, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case, registered for the offence punishable under Sections 147, 148, 149, 323, 325, 302 and 504 of the Indian Penal Code. Informant has alleged in his written complaint that on 26.04.2019 at about 07:30 AM, FIR named accused including the petitioner, due to some land dispute assaulted his father and on alarm being raised, when they came there the informant and his wife were also assaulted.

It is submitted on behalf of the petitioner that the allegations against the all accused are general and omnibus in nature and there is no specific allegation against him. In the postmortem the cause of death has been opined to be internal

Patna High Court CR. MISC. No.60149 of 2019(3) dt.27-11-2019 2/2 bleeding and shock caused by hard and blunt substance. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, after completion of one year in custody, the petitioner may renew his prayer for bail.

(S. Kumar, J) S.Katyayan/- U T