Chandra Shekhar Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22243 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Chandra Shekhar Mandal, son of Late Shiv Narayan Mandal
2. Pankaj Mandal, son of Sri Ramdhun Mandal
3. Fuchul Mandal, son of Sri Jangali Mandal All residents of village - Rasulla, Police Station - Shahkund in the District of Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20811 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Ganesh Mandal
2. Sunil Mandal Both sons of late Shiv Narayan Mandal
3. Mritunjay Mandal, son of late Yogu Mandal
4. Deepak Kumar, Son of Sri Anil Mandal
5. Karthik Mandal, Son of Sri Roop Lal Mandal All Resident of Village- Rasoola, Police Station- Shahkund, in the District of Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.22243 of 2017) For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the informant : Mr. RanjanKumar Jha, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. (In Cr.Misc. No.20811 of 2017) For the Petitioner/s : Mr. Bimal Kumar, advocate For the informant : Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners, learned
Patna High Court Cr.Misc. No.22243 of 2017 (5) dt.21-06-2017 2/3 counsel for the opposite party No. 2 and the State. The petitioners seek bail in Shahkund P.S. Case No. 03 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code. It has been submitted that there is no specific overt act against the petitioners.
As per written report the informant saw his son being assaulted by the petitioners by means of lathi, danda, knife etc. When the informant tried to save his son, the accused persons tried to assault him also but he managed to flee away and informed the police about the occurrence. The informant learnt that his son has died after being assaulted in an orchard. Case diary has been received.
The post mortem report is available in paragraph-55 of the case diary wherein the doctor has found several injuries on the person of the deceased and in the opinion of the doctor the injuries are ante mortem, grievous and dangerous to life caused by hard and blunt object. The witnesses in their statement in various paragraphs also supported the case of the prosecution. Therefore, this Court is not inclined to grant bail to the petitioners at this stage.
Prayer for bail of the petitioners stands rejected.
Patna High Court Cr.Misc. No.22243 of 2017 (5) dt.21-06-2017 3/3 Petitioners may renew their prayer for bail after six months in the trial court if no substantive progress is made in the trial.
(Sanjay Priya, J) S.Ali/- U T