Om Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69457 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Om Prakash Mahto, Son of Laddo Mahto @ Ladu Mahto, Resident of Village- Barwatola, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, if any, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Bajpatti P.S. Case No. 133 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The allegation against petitioner is to commit murder of mother of informant alongwith other co-accused persons by making assault with leg, fight and fists.

It is submitted by learned counsel appearing on behalf

Patna High Court CR. MISC. No.69457 of 2022(2) dt.02-05-2023 2/3 of the petitioner that postmortem report of the deceased is not suggesting any external injuries and therefore allegation as regard to assault to deceased causing her death is appearing nonconvincing on its face. It is submitted that previous enmities admitted between the parties and, moreover, petitioner found involved in one criminal case i.e. Pupri P.S. Case No. 148 of 2019 whereafter the trial, he acquitted, and as such, can be said safely that he is a man of clean antecedent.

Learned APP, duly assisted by learned counsel Mr. Sumit Jha, appearing on behalf of the informant, while opposing the prayer of bail submitted that informant is the eye witness of the occurrence raising specific allegation to assault to his deceased mother. It is also submitted that postmortem report is also appearing in corroboration with manner of assault as alleged through FIR for the reason, informant, who is the eye witness of the occurrence stated that assault was caused by jumping on the chest of mother of informant, who is old lady aged about 65 years, by this petitioner.

Considering the aforesaid facts and circumstances and by taking note of specific allegation to cause fatal assault as alleged by informant against petitioner, who appears to be the eye witness of the occurrence, the prayer of anticipatory bail of

Patna High Court CR. MISC. No.69457 of 2022(2) dt.02-05-2023 3/3 petitioner is rejected herewith.

However, if petitioner surrenders and seeks regular bail, his prayer for regular bail shall be considered on its own merits without being prejudiced by this order. (Chandra Shekhar Jha, J) veena/- U T