Mithilesh Kumar @ Mithilesh Mahton v. The State Of Bihar
Case brief
What is this about?
Patna High Court rejected bail application of petitioner accused of murder and possessing arms, citing false implication concerns and prior rejection of bail for co-accused. Court ordered trial conclusion within nine months.
What did the court decide?
Bail rejected; trial to be concluded within nine months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4076 of 2016
Arising Out of PS.Case No. -179 Year- 2014 Thana -KHODABANPUR District- BEGUSARAI ====================================================== Mithilesh Kumar @ Mithilesh Mahton s/o Ram Bahadur Mahto, R/v Ghakwa, P.S. Khodabandpur, Distt. Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. R.B.Ray Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 18-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Khodabandpur P.S. Case No. 179 of 2014 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, 7-8 persons being armed came and opened indiscriminate firing upon the husband of the informant causing his death and the informant identifies the petitioner and 5 other coaccused fleeing away.
Submission is of false implication and that there is general and omnibus allegation against the petitioner, there is no specific allegation, the identification made by the informant appears not reliable further during investigation no one has seen
Patna High Court Cr.Misc. No.4076 of 2016 (3) dt.18-03-2016
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the petitioner opening fire upon the deceased and, as such, the petitioner who is suffering in custody since 14.05.2015, deserves sympathetic consideration to which the learned A.P.P. seriously opposes by submitting that prayer of regular bail of co-accused Umesh Mahto and Mukesh Mahton have already been rejected by another co-ordinate Bench of this Court.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail in the alleged murder and arms offence.
Whether the trial should be expedited given the petitioner's custody.
Parties & counsel
- petitioner
Mithilesh Kumar
- respondent
The State of Bihar
Coram
JITENDRA MOHAN SHARMA
Case details
As recorded by the court registry
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