Partly allowed

Naresh Mahto v. The State of Bihar

Patna HC17 Oct 2022CR. MISC./13000/2022

Case brief

AI extract

What is this about?

The High Court at Patna is not inclined to grant anticipatory bail to petitioners in a case involving assault causing death. Permission is given to withdraw the petition only for petitioner No. 1, Naresh Mahto, who is already arrested, and the remaining prayer is rejected.

What did the court decide?

Prayer to withdraw petition for petitioner No. 1 permitted; prayer for anticipatory bail for petitioner No. 1 dismissed as withdrawn; prayer for anticipatory bail for remaining petitioner rejected.

Naresh Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13000 of 2022

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Arising Out of PS. Case No.-685 Year-2021 Thana- LAKHISARAI District- Lakhisarai

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======================================================

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1. Naresh Mahto S/O- Asarfi Mahto R/O Village- Makauna, Purana Tola, Ward No. 29, P.S.- Kabaiya, District- Lakhisarai.

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Subhash Mahto S/O- Naresh Mahto R/O Village- Makauna, Purana Tola, Ward No. 29, P.S.- Kabaiya, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 17-10-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 504 of the Indian Penal Code and Section 302 of the Indian Penal Code has further been added.

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Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely, Naresh

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Patna High Court CR. MISC. No.13000 of 2022(3) dt.17-10-2022 2/4

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Mahto, since he has been arrested.

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Permission is accorded.

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Accordingly, the petition with respect to petitioner No. 1 namely, Naresh Mahto is dismissed as withdrawn.

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The prosecution case as per F.I.R is that on 09.10.2021, when the informant was at her home, petitioner along with co-accused persons came to her house and started abusing and assaulting. It is specifically alleged against the petitioner that he assaulted with axe on the head of the informant, as a result of which, the informant sustained head injuries, due to which she succumbed to injuries. On protest, the daughter-in-law of the informant was also assaulted by the co-accused persons with an intention to outrage her modesty. It is further alleged that while the son of the informant tried to rescue, he too was assaulted by the coaccused persons with lathi, danda and iron rod, causing injuries.

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Patna High Court CR. MISC. No.13000 of 2022(3) dt.17-10-2022 3/4

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It is submitted by learned counsel for the petitioner that petitioner and the informant are agnets and in the background of some land dispute, this occurrence has taken place. There is counter version of the occurrence also and petitioner’s side also received injuries. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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Learned counsel for the informant and learned A.P.P appearing on behalf of the State vehemently opposed the prayer of the petitioner for anticipatory bail and submitted that there is specific overt act of assaulting against the petitioner by means of axe, on the head of the informant due to which she succumbed to injuries. It is also submitted that from perusal of the Case Diary vide para 68, postmortem report also corroborate with the prosecution version.

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Considering the above-stated facts, this

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Patna High Court CR. MISC. No.13000 of 2022(3) dt.17-10-2022 4/4

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Court is not inclined to grant privilege of anticipatory bail to the petitioner.

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The prayer for anticipatory bail of the

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petitioner stands rejected.

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(Sunil Kumar Panwar, J)

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nirajkrs/-

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U T

Naresh Mahto v. The State of Bihar

Case brief

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Naresh Mahto v. The State of Bihar

Case brief

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