Sanjay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29504 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Sanjay Mandal Son of Late Ganesh Mandal Resident of Village Kolwara, P.S Maraiya (Parbatta), District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. M. Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and Mr. Dayal APP for the State.

Petitioner seeks anticipatory bail in connection with Parbatta ( Maraiya) P.S. Case No. 84/16 registered under Sections 302/34 of the IPC.

The son of the informant was called to come to a particular place where, it is alleged, that he was assaulted mercilessly by the accused persons cited in the First Information Report. The petitioner is one of them. The informant went to the hospital and the incident was narrated by the victim who later succumbed of the injuries sustained.

It is submitted that none of the independent eyewitness in course of investigation has named the petitioner as one

Patna High Court Cr.Misc. No.29504 of 2016 (3) dt.18-10-2016 2/2 of the culprits. The case was earlier lodged against the prosecution side by one of the co-accuseds under Section 379 of the IPC. In retaliation thereof, the present case has been lodged. Learned APP, on the other hand, opposed the prayer and submitted that the victim himself disclosed the name of the petitioner as one of the assailants. Subsequently, he died. The police upon completion of investigation, found sufficient evidence against the petitioner and submitted charge-sheet. Considering the seriousness of the allegations and other materials reflected from the records, I am not persuaded to extend the petitioner the privilege of anticipatory bail. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Shyam/- U T