Mahendra Prasad v. The State Of Bihar Through Its Principal Secretary Urban Dept. Bihar, Patna Namely Anjani Kr. Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3767 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- JAMALPUR District- Munger ====================================================== RAJESH SINGH S/O LATE PAI SINGH RESIDENT OF VILLAGE FARIDPUR, P.S JAMALPUR, DISTRICT-MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Adv.

For the Opposite Party/s :

Mrs.Veena Rani Pd., APP For the Informant :

Mr. Suman Kr. Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-06-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual court proceeding.

The petitioner seeks bail in connection with G.R. No.1128/2020 arising out of Jamalpur P.S. Case No.67/2020 registered for the offence punishable under Sections 302/120B/34 of the IPC and section 27 of the Arms Act.

As per the prosecution case, the petitioner along with other accused persons were assaulting the son of the informant with sharp cutting weapon 'Dabia' near his Poultry Firm. On brawl, the informant went there and protested against the assault, then the accused Rambali Mandal @ Munna Mandal fired upon his son and the bullet hit him. The accused fled away threatening them. The victim was brought to hospital where he was declared dead.

Patna High Court CR. MISC. No.3767 of 2021(3) dt.01-06-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has been falsely implicated in this case due to dirty village politics. He is not named in the FIR. No such occurrence as alleged ever took place. On the confessional statement of co-accused namely Santosh Kumar Jha and Rajesh Jha, petitioner has been made accused in this case. The allegation levelled upon the petitioner is not specific rather general and omnibus in nature and the specific allegation of firing is against one Rambali Mandal @ Munna Mandal who had fired upon the deceased and bullet hit him. The petitioner has no criminal antecedent and has been languishing in custody since 02.10.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with G.R. No.1128/2020 arising out of Jamalpur P.S. Case No.67/2020.