Sonu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56653 of 2018 Arising Out of PS. Case No.-84 Year-2016 Thana- SARAIYA District- Muzaffarpur ====================================================== Sonu Mahato, son of Daroga Mahato, resident of Village- Kubauli, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Saraiya P. S. Case No. 84 of 2016 instituted for the offence under Section(s) 341, 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that father and brother of the informant has sustained gun shot injury. The informant reached the place of of occurrence on hearing the sound of firing and saw this petitioner along with two other accused persons, namely, Daroga Mahato and Shambhu Mahato running away from the place of occurrence.The father of the informant died during course of treatment.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.56653 of 2018(3) dt.26-10-2018 2/2 injured brother of the informant, namely, Mukesh Sah has given statement before the police, wherein, he has stated that this petitioner caught hold him and co accused Shambhu Mahto has fired upon him. He has further stated that co accused Daroga Mahato has fired upon his father.

Prayer for bail of co-accused Daroga Mahto has already been rejected by coordinate Bench of this Court by order dated 10.11.2016 passed in Cr. Misc. 40372 of 2016. In the written report, there is specific allegation against this petitioner. He was found running away from the place of occurrence along with Daroga Mahato and Shambhu Mahato. The injured brother of the informant, namely, Mukesh Sah has taken the name of this petitioner in his statement before the police.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T