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2025 DAILYLAW 16356 (JHR)

DHATUR MAHTO v. THE STATE OF JHARKHAND

A.B.A./3766/2024 · 2025-04-21

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11784 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3766 of 2024 ------ Dhatur Mahto, aged about 73 years, son of late Bhatu Mahto, village Jhalar, PO and PS Mohanpur, District Deoghar … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Amit Kumar Sinha, Advocate. For the State : Mr. Vijoy Kumar Sinha, A.P.P. ----- 07/ 21.04.2025 Heard the parties. 2. This anticipatory bail application under Section 438 of the Code of Criminal Procedure, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 147, 148, 149, 341, 323, 307, 325, 326, 302 and 120B of the Indian Penal Code pending in the Court of SDJM, Deoghar in connection with Mohanpur PS Case No. 250 of 2023. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. There is an allegation that on instigation of this petitioner the other accused persons have committed murder of the deceased. 5. From the impugned order, I find that the witnesses, namely, Sanjay Mahto, Jeetlal Mahto and Dhanushdhari Mahto had stated that the deceased had narrated before them how the incident had occurred. The deceased had narrated that the accused persons caught him in the house of Hiralal Yadav and it 2025:JHHC:11784 2 is further submitted that after instigation of Dhatur Mahto, his sons Chhotan @ Bishnu and Baleshwar Mahto had assaulted him with bhujali, as a result of which he died. 6. Considering the aforesaid nature of the allegation, it is not a fit case for grant of anticipatory bail to the petitioner. 7. Accordingly, this anticipatory bail application is dismissed. (ANANDA SEN, J.) Tanuj/Cp-3