Patna High CourtCR. MISC./21320/2016dismissed

Prabhakar Mandal v. The State Of Bihar

2016-08-16Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.21320 of 2016 (4) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21320 of 2016 Arising Out of PS.Case No. -286 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Prabhakar Mandal Son of late Lakhan Mandal Resident of vilalgeKushwaha Tola, Madhopur, P.S: Kotwali, District :Munger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. M.K.Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Munger Kotwali P.S.Case No.286 of 2015 pending in the Court of CJM, Munger registered for an offence under Sections 302/34 of the IPC.

As per the prosecution case, it is alleged by the informant that all the accused persons, firstly, beaten his brother, Pratap brutally by means of hockey stick and rod and after that one Prabhakar Mandal shot at the chest of his brother and when the deceased tried to escape, he was again caught by the accused persons and during that course one Kundan Mandal shot at the temple of deceased Pratap who died instantaneously.

Patna High Court Cr.Misc. No.21320 of 2016 (4) dt.16-08-2016 Learned counsel for the petitioner submits that petitioner is in custody since 31.12.2015. Chargesheet has been submitted. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case due to village politics. There is admitted enmity with the other co-accused. On behalf of the State, it is submitted that the petitioner is alleged to have fired on the chest of the deceased. The deceased succumbed to the said injuries. The postmortem report also corroborates the allegations made in the FIR. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, the same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) B.Kr./- U T