Patna High CourtCR. MISC./78542/2023dismissed

Hansnath Mahato @ Hansnath v. The State Of Bihar

2024-02-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 78542 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

Hansnath Mahato @ Hansnath Son of Late Moti Mahto R/o vill - Kauria Tola Lilahi, P.S. - Bhagwanpur Hat, Distt. - Siwan 2.

Meghnath @ Meghnath Mahto S/O Late Moti Mahto R/o vill - Kauria Tola Lilahi, P.S. - Bhagwanpur Hat, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Bhagwanpur Hat P.S. Case No. 268 of 2023 dated 17.07.2023, lodged under Sections 341, 323, 337, 338, 447, 302 and 34 of the I.P.C.

3. As per the prosecution case, the petitioners and other co-accused went to the house of the deceased and thereafter, they had exchanged hot words and thereafter they have assaulted the deceased, who during treatment has died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He

Patna High Court CR. MISC. No. 78542 of 2023(3) dt.29-02-2024 2/2 further submits that petitioners are in custody since 18.07.2023 having clean antecedents.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that there is direct allegation of murder against the petitioners.

6. Considering the direct allegation levelled against the petitioners, I am not inclined to grant bail to them and therefore, their bail petition is hereby rejected.

7. The Trial Court is directed to expedite the trial as early as possible.

(Sandeep Kumar, J) sadique/- U