Saudagar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80889 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- JAMUI District- Jamui ====================================================== Saudagar Mahto, aged about 47 years, male, Son of Late Badri Mahto, Resident of Village/P.O.- Kakan, P.S.- Jamui, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Prakash, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-06-2020 Heard Mr. Amar Prakash, learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 51 of 2019, dated 01.02.2019, instituted for the offences under Sections 147, 148, 149, 302, 120(B) and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. indicates that the petitioner and his son, both participated in the occurrence and the petitioner is alleged to have fired from his weapon which hit the deceased

Patna High Court CR. MISC. No.80889 of 2019(3) dt.04-06-2020 2/2 in his stomach. The firing resorted by the son of the petitioner hit the deceased in his chest. There are corresponding injuries on the person of the deceased. The argument raised on behalf of the petitioner that his son is the main assailant and because of local enmity in the village, he too has been made accused, is not at all acceptable.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. The prayer for bail is accordingly rejected. Let the trial of the case be expedited.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T