Rudal @ Rudal Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13441 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== RUDAL @ RUDAL MANSURI, Son of Mahmood Mansuri, Resident of Village - Suara, P.S. Baghaila, District - Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief is that on 27.05.2020 at about 11.00 pm, the informant's son Nitish Kumar after taking his meal went to his room for sleeping and Nitish Kumar went to field for cultivation. It is further stated that on 11.45 pm, the informant heard the sound of gun shot and he wake up and saw that five persons were escaping from his courtyard who fled away after open the main door of the house, in which he

Patna High Court CR. MISC. No.13441 of 2021(3) dt.28-09-2021 2/3 identified four persons including the petitioner. He also stated that the petitioner was carrying Katta in his hand. On cry of his son Nitish Kumar he went there and found that, he is injured and bleeding is going on near his ear. He was taken away hospital for treatment and in the course of treatment he was died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. He further submits that there is no incriminating articles has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is languishing in jail custody since 29.05.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposed the prayer for bail petition and submits that the informant has identified the petitioner at the place of occurrence. The postmortem report has supported the prosecution case.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Baghaila P.S. Case No. 35/2020 from the Court

Patna High Court CR. MISC. No.13441 of 2021(3) dt.28-09-2021 3/3 of learned Judicial Magistrate-1st Class, Rohtas at Sasaram. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T