Bhola Mandal @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26003 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

BHOLA MANDAL @ BHOLA KUMAR S/O LATE BEHAN MANDAL 2.

SATISH MANDAL S/O LALIT MANDAL 3.

NABIN @ BABITA DEVI R/O VILLAGE-JAY NAGAR, RAJPUTANA TOL, P.S. JAY NAGAR, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh Ms. Kusum Rani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State video conferencing. The petitioners apprehend their arrest in connection with Jay Nagar P.S. Case No. 180/2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, the petitioners are said to have entered the house of the informant and, thereafter they have all assaulted the deceased Rama Ashish Mandal. Santosh Mandal is said to have assaulted the deceased with an iron-rod and others are said to have assaulted the deceased with spade,

Patna High Court CR. MISC. No.26003 of 2021(2) dt.07-02-2022 2/3 Khanti and Lathi. The petitioners, thereafter, also assaulted the informant Amit Kumar and Annapurna Devi.

It has been submitted the learned counsel for the petitioners that the occurrence is said to have taken place on 25.05.2020, the deceased died on 27.05.2020 and the F.I.R. has been registered on 31.05.2020. He also submits that there is general and omnibus allegation against all these petitioners and, therefore, they deserve anticipatory bail.

Learned counsel for the informant vehemently opposed the bail application and submitted that the petitioners are said to have assaulted the deceased with various weapons as stated above and have assaulted the injured persons. Considered the submission of the parties including the submission of the learned Additional Public Prosecutor that anticipatory bail should not be granted in a serious case like the present one.

In view of the allegations of assault levelled against all the petitioners by various weapons and also allegation against them that they have assaulted the injured persons, this is not a fit case for grant of anticipatory bail. It is, accordingly, dismissed.

The petitioners are directed to surrender within four

Patna High Court CR. MISC. No.26003 of 2021(2) dt.07-02-2022 3/3 weeks.

(Sandeep Kumar, J) Saif/- U T