Biyas Nandan Mahto @ Bijli Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64142 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- DANDARI District- Begusarai ====================================================== BIYAS NANDAN MAHTO @ BIJLI MAHTO Son of Raghuvar Mahto @ Raghunandan Mahto Resident of Village- Balha, Ward No.-9, P.S.- Dandari, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP For the Informant :
Mr. Anshu Dhar Sharma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner have got no criminal antecedent as stated
Patna High Court CR. MISC. No.64142 of 2022(26) dt.16-01-2023 2/2 in para-3 of the bail application.
Per contra, learned APP for the State as well as learned counsel for the informant vehemently opposing the bail application and submitted that the injury found upon the victim is grievous in nature. Hence, he does not deserve anticipatory bail.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Dandari P.S. Case No. 43/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T