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Patna High CourtCR. MISC./31999/2019dismissed

Bipin Mandal v. The State Of Bihar

2019-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31999 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Bipin Mandal, Son of Late Damodar Mandal Resident of Village - Pansalva (Bajraha Chowk), P.S.- Alam Nagar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 This is an application for grant of anticipatory bail in connection with Alam Nagar P.S. Case No. 153 of 2018, disclosing offences under Sections 302/34 of IPC and Section 27 of the Arms Act.

Prosecution story is that the informant received an information from the father-in-law of the deceased that the accused persons including the petitioner has shot dead the deceased.

Submission of the learned counsel for the petitioner is that during the investigation it appears that father-in-law was informed about the death, but was not an eye witness of the occurrence, rather he had seen them while fleeing away and there was a land dispute between the parties, as such, petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.31999 of 2019(3) dt.08-08-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that paras 6, 7, 8, 9 & 10 of the case diary clearly disclosed that witnesses have seen the petitioner and other accused persons fleeing just after the occurrence.

Having heard both sides, in view of the facts and circumstances, as stated above, this is not a case for grant of privilege of anticipatory bail. The petitioner may surrender before the learned court below and make prayer for regular bail. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T