Mani Kant Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45648 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Mani Kant Mandal, Son of Banku Mandal, resident of Village- Pakra Tola, Police Station- Gopalpur, District- Bhagalpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh, Adv.
For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Gopalpur (Rangra) P.S. Case No. 135 of 2016, registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of the Addl. Chief Judicial Magistrate, Naugachia (Bhagalpur).
Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner is not named in the F.I.R. as on the basis of the fardbeyan of informant Upendra Mandal Gopalpur (Rangra) P.S. Case No. 135 of 2016 was instituted against four unknown under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act, later on Section 120B of I.P.C. was added. In course of investigation, one
Patna High Court Cr.Misc. No.45648 of 2016 (3) dt.13-12-2016 2/2 Nanki Mandal was apprehended by the Police, who confessed his guilt disclosing the name of the petitioner to the effect that he managed them for committing the occurrence. Further submission is that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T