Patna High CourtCR. MISC./481/2016disposed

Tuntun Mandal @ Tuntun Kumar Mandal v. The State Of Bihar

2016-01-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.481 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Tuntun Mandal @ Tuntun Kumar Mandal, Son of Late Shaligram Mandal R/o Village- Bairiya, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anupa Nand Jha For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under section 414 of the Indian Penal Code and sections 25(1-B) a, 26, 27 and 35 of the Arms Act.

It is alleged that the informant and Shrawan Kumar went to ease out towards Triveni ghat and while returning, they found co accused Ajay Mandal, Bijli Mandal and the petitioner standing when co accused Ajay pointed pistol on the temporal region of the informant and tried to fire but during scuffle, no

Patna High Court Cr.Misc. No.481 of 2016 (2) dt.08-01-2016 2/2 injury was caused. Subsequently, Ajay Mandal was caught but the petitioner escaped from the scene.

It is submitted by the learned counsel for the petitioner that neither any overt act has been alleged against the petitioner nor anything has been recovered from the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Nathnagar P.S. Case No. 151 of 2015 pending in the court of learned ACJM, Bhagalpur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T