Mritunjay Mandal @ Mritunjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38439 of 2021 Arising Out of PS. Case No.-573 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== BALTU MANDAL S/O CHANDRA MOHAN MANDAL R/O VILLAGEMADHOPUR, P.S-NATHNAGAR, DISTRICT-BHAGALPUR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44445 of 2021 Arising Out of PS. Case No.-573 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== MRITUNJAY MANDAL @ MRITUNJAY KUMAR Son of Chandra Mohan Mandal Resident of Village - Madhopur, P.O.- Haridaspur, P.S.- Nathnagar, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38439 of 2021) For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
Mr.Vijay Anand, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 44445 of 2021) For the Petitioner/s :
Mr.Vijay Anand, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-03-2022 Heard Mr. N.K. Agarwal assisted by Mr. Vijay Anand, learned counsel for the petitioner and Mr. Satyendra Prasad, the learned A.P.P. for the State.
The petitioners seek bail in connection with Session Trial No. 281 of 2021 arising out of Nath Nagar P.S. Case No. 573 of 2020 registered for the offence under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code.
The prosecution case, in short, is that the informant lodged
Patna High Court CR. MISC. No.38439 of 2021(5) dt.02-03-2022 2/2 a written report before the officer-in-charge Nathnagar, Bagalpur on 22.09.2020 alleging that at about 9.30 a.m. while he was on the way of court, co-accused Mritunjay Mandal accompany the petitioner and other accused persons at the house of the informant and they killed the father of the informant by firing from their pistols. Learned counsel for the petitioners submits that the petitioners has clean antecedent and they have falsely been implicated in connection with the present case. It is further submitted that except suspicion, nothing specific is alleged against the petitioners and the petitioners are in custody since 25.11.
2020, Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is direct allegation of fired upon the petitioners and the bail of the co-accused, namely, Sunil Poddar has been rejected by a Co-ordinate Bench of this Court vide order dated 15.12.2021 passed in Cr. Misc. No. 22518 of 2021. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioners. It is, accordingly, rejected.
(Rajesh Kumar Verma, J) Jagdish/- U T