Raj Kishore Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31495 of 2024 Arising Out of PS. Case No.-75 Year-2020 Thana- KEWATI District- Darbhanga ====================================================== Raj Kishore Mandal son of Vishwnath Mandal Village- Dhanuki Ps- Keoti Dist- Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Udeshya Yadav For the Opposite Party :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Keoti P.S Case No. 75/2020 S.T. No. 117/2020 dated 11.07.2020 registered for the offence punishable u/s 341, 323, 326A, 307 and 436 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and assaulted her with lathi. In the meantime, the petitioner poured acid on the informant due to which the informant became unconscious.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.31495 of 2024(3) dt.18-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. Learned counsel has submitted that out of six charge-sheeted witnesses five witnesses have been examined. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2020.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of having poured acid on the person of the informant causing burn injuries. The said allegation is supported by the injury report, as is evident from the case diary. As per letter no. 212/2024, there is a delay on the part of the accused persons. Earlier the prayer of bail of the petitioner was rejected vide order dated 15.09.2023 passed in Criminal Miscellaneous No. 46898 of 2023 by the Co-ordinate Bench of this court. The trial court has reported that the prosecution evidence has been closed on 06.03.2024 and the case is fixed for the statements of the accused persons but the accused persons are delaying in recording of statements.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Keoti P.S Case No.
Patna High Court CR. MISC. No.31495 of 2024(3) dt.18-09-2024 3/3 75/2020 S.T. No. 117/2020, pending in the court of learned Additional District and Sessions Judge-XI, Darbhanga.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T