In a bail petition under the Indian Penal Code (Section 302), this court rejected the plea that the petitioner was falsely implicated as a mere mob member. The court held the nature of allegations and materials on record indicated a serious offence, deeming the petitioner not a fit case for bail.
Application for bail to the petitioner was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33320 of 2019
Arising Out of PS. Case No.-849 Year-2018 Thana- SONEPUR District- Saran
======================================================
BIHARI MAHTO Son of Late Mangal Mahto Resident of Village - Gobindchak Ambedkarnagar, P.S.- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s : Mr.Sunil Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 12-09-2019 Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Sonepur P.S. Case No. 849 of 2018 registered for the offence punishable under section 302 and other allied sections of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner has not committed any offence as alleged in the first information report. He is was only a member of the mob. Petitioner has no criminal antecedent and is in custody since 26.09.2018.
Learned Addl. P.P. appearing for the State submits that petitioner is named accused in the first information report and there is direct allegation against him of inflicting farsa blow on
Patna High Court CR. MISC. No.33320 of 2019(4) dt.12-09-2019 2/2
the father of the informant who ultimately died during treatment.
Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the petitioner, apprehending arrest in a murder case, is a fit case for the grant of bail.
Whether the petitioner has been falsely implicated and merely a member of the mob justifying bail.
1 provisions across 1 enactments
Bihari Mahto
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
