Dismissed

Rakesh Mahto v. The State Of Bihar

Patna HC3 Apr 2014CR. MISC./43053/2013

Case brief

AI extract

What is this about?

Joint bail applications by Rakesh Mahto and Shyam Gope charged with murder and arms offense were disposed of by common order. The court rejected bail for both petitioners, citing the informant's disclosure, identification from parade, and serious nature of allegations. Victim Amarjeet Singh was declared dead after a firing incident.

What did the court decide?

Prayer for bail of petitioners Rakesh Mahto and Shyam Gope was rejected. Both applications treated as rejected by common order.

Rakesh Mahto Vs The State Of Bihar — Cheque Dishonour | Patna HC (2014)

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Patna High Court Cr.Misc. No.43053 of 2013 (4) dt.03-04-2014

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43053 of 2013 ======================================================
	Rakesh Mahto, S/O Binda Mahto, Resident of Village- Sauaa, P.S.- Chandi, District- Nalanda.
	.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ======================================================
	with Criminal Miscellaneous No.1525 of 2014 ======================================================
	Shyam Gope, S/O Kusheshwar Gope @ Kushan Gope, Resident of Village- Olibigha, P.S.- Chandi, District- Nalanda.
	.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ======================================================
	CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4	03-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
	Both applications are related to Chandi P.S. Case No.
	22 of 2013 registered under Section 302/34 of the Indian Penal
	Code and Section 27 of the Arms Act, hence both applications are heard together and are being disposed of by common order.
	The allegation of informant, Rabindra Singh, is that
	when he along with his friend Amarjeet Kumar Singh, who was
	driving the motorcycle, reached about 400 meters ahead of village

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Patna High Court Cr.Misc. No.43053 of 2013 (4) dt.03-04-2014

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Dayalpur, saw one person came in front of his motorcycle due to which, Amarjeet Singh stopped the motorcycle and at that time 5 to 6 unknown persons came and surrounded them and assaulted the informant then informant got down from the motorcycle and started to fleeing away. One person asked to shot fire then other person opened fire causing injury to Amarjeet Singh and informant raised alarm and sound of firing, some persons came to the place of occurrence and saw that Amarjeet Singh fell down in injured condition and with the help of villagers Amarjeet Singh taken to Primary Health Center, Chandi where he was declared dead. The villagers chased and caught hold one person, who disclosed his name as Lalan Yadav.

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Learned counsel appearing on behalf of the petitioner, Rakesh Mahto, submits that Lallan Yadav, who was caught hold by the villagers at the spot and disclosed the name of his three associates including the petitioner, Rakesh Mahto and further saying that firing was made at Amarjeet Singh by Anuj Choudhary. Learned counsel appearing on behalf of the petitioner, Shyam Gope, submits that the name of this petitioner has not been disclosed by Lalan Yadav, who was caught hold at the spot by the villagers and later on, the name of this petitioner has come mere on suspicion and also in the confessional statement of Anuj

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Patna High Court Cr.Misc. No.43053 of 2013 (4) dt.03-04-2014

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Choudhary, who stated that this petitioner was also indulged with him by making firing. Further submission is that petitioner, Rakesh Mahto is in custody since 06.03.2013 and petitioner, Shayam Gope, is in custody since 12.03.2013.

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On the other hand, learned A.P.P. opposed the prayer for bail of the petitioner with submission that both petitioners were put on T.I. Parade and also identified by the informant as detailed in paragraphs 233 and 235 of the case diary and informant further disclosed that petitioner, Shayam Gope, shot fire at the deceased.

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Taking into consideration the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

Rakesh Mahto v. The State Of Bihar

Case brief

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Rakesh Mahto v. The State Of Bihar

Case brief

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