Ram Vilash Mahto @ Ram Bilas Mahto @ Bilas Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82918 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Ram Vilash Mahto @ Ram Bilas Mahto @ Bilas Mahto, S/O Late Kamal Mahto, resident of Village- Simartoka, P.S- Kusheshwar Asthan, Dist. Darbhanga.

2.

Triveni Mahto, S/O Late Kamal Mahto, resident of Village- Simartoka P.SKusheshwar Asthan, Dist. Darbhanga ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with K. Asthan P.S. Case No. 416 of 2022 registered for the offence under Sections 302 & 120-B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3.

The petitioner and other accused persons are said to have shot at the deceased. The petitioner no.1 is in custody since 07.06.2023 and petitioner no.2 is in custody since 24.04.2023.

4.

The postmortem report supports the prosecution case. The petitioners are accused in one more criminal case.

Patna High Court CR. MISC. No.82918 of 2023(3) dt.05-03-2024 2/2 5.

Considering the brutal murder of the deceased, I am not inclined to grant bail to the petitioners. Accordingly, this application is dismissed. The trial court is directed to expedite the trial and conclude the same at the earliest.

6.

At this stage, learned counsel for the petitioners submits that the petitioner no.1 is a cancer patient and he may be given proper treatment.

7.

Considering the aforesaid facts, the petitioner no.1 is given liberty to file an application in the Court of learned Magistrate mentioning his ailment. If such an application is filed, the learned Magistrate will send the petitioner for treatment of cancer in Homi Bhabha Cancer Hospital and Research Center, Muzaffarpur under police custody.

(Sandeep Kumar, J) pawan/- U T