Patna High CourtCR. MISC./76816/2023dismissed

Jagdev Mahto v. The State Of Bihar

2024-04-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76816 of 2023 Arising Out of PS. Case No.-895 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== JAGDEV MAHTO Son of Baidhnath Mahto @ Tantu Mahto R/o vill - Magaidih, P.S. - Chapra Mufassil, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh For the State :

Mr. Vinod Shanker Modi For the Informant :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 302, 323, 324, 325, 307/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have shot son of the informant who died due to gunshot injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is admitted land dispute between the parties. He further submits that the petitioner is languishing in custody since 08.02.2023.

Patna High Court CR. MISC. No.76816 of 2023(4) dt.03-04-2024 2/2 He also submits that the petitioner's side has also sustained grievous injury and was admitted in hospital about 39 days. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the petitioner is the main assailant, the Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected.

7. However, the petitioner shall be at liberty to renew his prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T