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Patna High CourtCR. MISC./24889/2018rejected

Rajiv Mahto v. The State Of Bihar

2018-07-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24889 of 2018 Arising Out of PS.Case No. -669 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Rajiv Mahto, S/o Arvind Mahto, R/o Vill.- Mainka Bhairwar, P.S.- Begusarai Muffasil (Lakho) Dist.- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Begusarai Town (Ratanpur) P.S. Case No. 669 of 2014 for the offences punishable under Sections 324, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. In the present case, there is specific allegation of the petitioner having fired on the informant resulting in injuries to the informant. It is the good fortune of the petitioner that the bullet did not hit on the head of the informant otherwise it would have been fatal for him.

The learned counsel for the petitioner submits that there was no intention on the part of the petitioner to kill the informant

Patna High Court Cr.Misc. No.24889 of 2018 (3) dt.04-07-2018 2/2 and the petitioner is languishing in custody since about two years. I have heard the learned counsel for the parties and gone through the records of the case as also the case diary and find that there is specific allegation of firing gun shot by the petitioner and moreover the petitioner is having a bad criminal antecedent inasmuch as he is accused in four other cases. In such view of the matter, I do not find any reason to grant bail to the petitioner. Accordingly, the prayer for bail made by the petitioner is rejected.

(Mohit Kumar Shah, J) S.Sb/- U T