Kailash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38738 of 2016 Arising Out of PS.Case No. -191 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Kailash Mandal, Son of Ramdev Mandal, Resident of village- Rupauli (Tahsur), Police Station- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 191 of 2016 registered under Sections 147, 148, 149 and 302 of the I.P.C. pending in the Court of C.J.M., Bhagalpur.

The accusation is that 6 persons named in the F.I.R., including the petitioner reached at the grocery shop of the husband of the informant and on the order of Kishan Mandal, Bajrangi Mandal shot fire at the temple region of the husband of the informant, who died on the spot.

Submission is that petitioner is not assailant of the deceased rather he is only said to be a member of the mob.

Patna High Court Cr.Misc. No.38738 of 2016 (2) dt.23-09-2016 2/2 Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, his prayer for bail is rejected.

However, petitioner is directed to surrender before the Court below within 4 weeks and pray for regular bail, which shall be decided on its own merit without being prejudiced by this order.

(Rajendra Kumar Mishra, J) Shail/- U T