Mantu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28907 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Mantu Pandey, son of Gopal Pandey, resident of village Purab Tola Kahalgaon, Police Station Kahalgaon, District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Shahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Kahalgaon P.S. Case No. 39 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, Nitesh Mishra and his colleagues took away the brother of the informant from his house and thereafter committed his murder with sharp cutting weapons. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated. During investigation, most of the witnesses are hearsay and from call details of Mobile also, it does not transpire that the petitioner was present, to which the
Patna High Court Cr.Misc. No.28907 of 2014 (3) dt.12-01-2015 learned A.P.P. opposes.
Considering the submissions urged at the bar, going through the F.I.R. and case diary and noticing that during investigation it has come that the petitioner was also present in the company of co-accused Nitesh Mishra, who were the persons last seen with the deceased and besides that from call details also the presence of the petitioner reveals and as such, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the prayer for pre-arrest bail of the petitioner stands rejected.
(Jitendra Mohan Sharma, J.) Vats/- U T