Chandramauli Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20601 of 2023 Arising Out of PS. Case No.-39 Year-2021 Thana- SARMERA District- Nalanda ====================================================== Chandramauli Prasad Son Of Late Ram Prasad Mahto Resident Of VillageGovindpur, Ps- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sarmera P.S. Case No. 39 of 2021 registered for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in short is that on 19.09.2022 at about 08:30PM, the informant was on the way to dalan along with her husband then the petitioner along with other coaccused persons armed with rifle, pistol etc surrounded them and started abusing the informant's husband and they started open fire and the petitioner and one Ranjit Kumar fired from

Patna High Court CR. MISC. No.20601 of 2023(2) dt.22-05-2023 2/2 pistol. The bullet fired by the Chandramauli Prasad(petitioner) hit Mohan Kumar's ankle and he died. After committing the murder, Ranjit Mahto and Chadramauli Prasad(petitioner) threw the deceased into the well.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2022.

Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that the petitioner is the main assailant of the deceased and he does not deserve to be released on bail.

Considering the materials available on record and the fact that the petitioner is the assailant of the deceased, I am not inclined to grant bail to the petitioner. This application stands rejected.

(Sandeep Kumar, J) Shishir/- U T