The High Court of Patna rejected the petitioner's bail application. The court refused to grant bail in a case involving serious assault allegations attracting stringent sections of the IPC, finding no grounds to interfere with the custody.
The petitioner's prayer for bail is rejected; he is to remain in custody.
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.18176 of 2022
Arising Out of PS. Case No.-48 Year-2021 Thana- BHEJA District- Madhubani
======================================================
Shyam Sundar Mahto S/o Basudeo Mahto R/o village- Bheja, P.S.- Bheja, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
| =================== Appearance : For the Petitioner/s : |
=================================== Mr. Krishna Prasad Singh, Sr. Advocate Mr.Bhaskar Shankar, Advocate |
|---|---|
| For the Opposite Party/s : | Mrs.Anita Kumari Singh, APP |
| For the informant : =================== |
Mr. Raghav Prasad, Advocate =================================== |
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-07-2022
Heard Mr. Krishna Prasad Singh, Senior Counsel and
Mr. Raghav Prasad, learned counsel for the informant as also Mrs. Anita Kumari Singh, the learned APP for the State.
The petitioner is in custody in connection with Bheja P.S. Case No. 48 of 2021 under sections 307, 341, 323, 324, 325, 326, 379, 504, 506/34 of the Indian Penal Code and later section 302 of the IPC was added.
The allegation in the FIR is that the accused persons including the petitioner herein after abusing them, it is alleged that when his elder son Ghananand Mahto protested, the accused persons started thrashing them. In the process, it is alleged that this petitioner, Shyam Sundar Mahto gave repeated ‘Farsa’ blow on the head of Ghananand Mahto followed by
Patna High Court CR. MISC. No.18176 of 2022(2) dt.28-07-2022 2/2
assault on his leg by one Raja Babu. Both sons of the informant were severally injured though Ghananand Mahto having head injury. The injured persons were referred to DMCH and from there to PMCH.
The reasons for the said crime has been attributed to the land dispute.
Taking into account the fact that specific allegation of assault on the head of the Ghananand Mahto, the son of the informant has been attributed to the petitioner herein, this Court is not inclined to grant him the privilege of bail and the same is hereby rejected.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case alleging assault causing grievous hurt.
Shyam Sundar Mahto
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
