Manish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85894 of 2023 Arising Out of PS. Case No.-107 Year-2019 Thana- KANHAULI District- Sitamarhi ====================================================== Manish Mahto Son of Tildhari Mahto R/o vill - Arariya, P.S. - Kanhauli, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2024 Heard Mr. Ajay Singh, learned counsel for the petitioner and Mr. Shyam Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 12.12.2022 in connection with S. Tr. No. 96 of 2023 arising out of Kanhauli P.S. Case No. 107 of 2019, F.I.R. dated 20.09.2019 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, all the accused persons including the petitioner have fired upon the son of the informant due to which he died.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.85894 of 2023(5) dt.03-04-2024 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the statement of the wife of the deceased was recorded in paragraph no. 35 of the case diary in which she has not stated anything about the petitioner.

5. The learned Additional Public Prosecutor on the basis of material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that as per the allegation int eh F.I.R, three persons have fired upon the victim due to which he received three bullet injuries and the injury report also supports the allegation as alleged in the F.I.R. Apart from that the bail application of the co-accused persons, namely, Vijay Mahto and Dinanath Mahto have been rejected by this Hon'ble Court and Co-ordinate Bench of this Hon'ble Court.

6. Considering the aforesaid facts and circumstances that there is specific allegation against the petitioner which is supported by the medical evidence and on the similar footings the bail application of the co-accused persons have been rejected, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 96 of 2023 arising out of Kanhauli P.S. Case No. 107 of 2019 pending in the court of learned

Patna High Court CR. MISC. No.85894 of 2023(5) dt.03-04-2024 3/3 Additional District Judge XV, Sitamarhi.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T