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Patna High CourtCR. MISC./3611/2016rejected

Jawahar Mandal v. The State Of Bihar

2016-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3611 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Jawahar Mandal Son of Mohan Mandal Resident of Village- Abhiya, Police Station- Gopalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 452, 307, 302, 323, 325, 436, 379, 341, 342 of the Indian Penal Code and 3(2) (V) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that the accused persons including the petitioner variously armed entered into the house of the informant, abused the informant by calling caste name. On protest being made, accused persons brutally assaulted the informant, his sons and others and set the house of the informant on fire. Subsequently, informant succumbed to the injury.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3611 of 2016 (2) dt.22-01-2016 petitioner that accusation is omnibus and general. There is enmity between the parties.

Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner in connection with Gopalpur P.S. Case No. 177 of 2015, pending in the court of learned Additional Chief Judicial Magistrate Naugachia, Bhagalpur.

(Dinesh Kumar Singh, J) P.K./- U T