Patna High CourtCR. MISC./12749/2015rejected

Prakash Mandal @ Om Prakash Mandal And ANR v. The State Of Bihar

2015-09-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12749 of 2015 Arising Out of PS.Case No. -581 Year- 2014 Thana -BANKA District- BANKA ======================================================

1. Prakash Mandal @ Om Prakash Mandal

2. Subhash Mandal Both are sons of Janardan Mandal resident of villageKebal Dih, P.S. Banka, District :_ Banka. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner No. 1 and learned Additional Public Prosecutor for the State. There is specific allegation against the petitioner that he opened fire twice on the deceased as a result of which, deceased died then and there.

Contention on behalf of the petitioner is that the postmortem report reveals that no fire-arm injury was found on the person of the deceased and moreover, there is delay in sending the first information report to the court. It is further contended by him that there is admitted land dispute between the parties and, therefore, the aforesaid circumstance creates doubt about the genuineness of the prosecution story and as a matter of fact, the

Patna High Court Cr.Misc. No.12749 of 2015 (5) dt.28-09-2015 2/2 informant is not an eye witness of the alleged occurrence and the deceased was killed by some unknown persons.

Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner No. 1 namely, Prakash Mandal @ Om Prakash Mandal on bail and hence, his prayer for bail in connection with Banka P.S. Case No. 581 of 2014 pending in the court of Chief Judicial Magistrate, Banka/concerned court stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T