Gangadhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28913 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- EKCHARI District- Bhagalpur ====================================================== GANGADHAR MANDAL S/o- Late Kabali Mandal Resident of Village - Khawaspur, P.S. -Ekchari, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 149, 341, 323, 307 and 302 of the Indian Penal Code.

As per the prosecution case, nine persons including this petitioner came at the land of informant and assaulted informant's brother and nephew by means of lathi & other deadly weapons, as a result of which, informant's brother died on spot, whereas, informant's nephew died during course of treatment.

It is submitted on behalf of petitioner that specific accusation of assault is against co-accused Pawan Kumar. So far as this petitioner is concerned, there is general and omnibus allegation. It is further submitted that petitioner is government

Patna High Court CR. MISC. No.28913 of 2022(3) dt.22-11-2022 2/2 servant, working in railway department in the telecommunication branch and at the time of occurrence, he was on duty at Janakpur road station, Sitamarhi. In support of the same, he has annexed Annexure - 2, which is certificate showing attendance of petitioner at his working place. However, considering the nature of accusation and the fact that two persons i.e. brother and nephew of informant died in the occurrence, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T