Barun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45216 of 2024 Arising Out of PS. Case No.-11 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Barun Mandal Son of Juri Mandal Resident of Village- Sadhopur, P.S.- Rangra O.P.(Gopalpur), Distt. - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case no. 11 of 2020 registered under sections 302, 341, 323, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that on the four accused persons including the petitioner herein reaching the place of occurrence, they started to abuse and assault the younger brother of the informant. It is stated that Barun Mandal shot with his country made pistol. Further Pramod Mandal asked Pintu Mandal and Sipak Kumar to catch hold of the informant's brother. On Pintu Mandal and Sipak Kumar catching hold of the informant's brother, Pramod Mandal

Patna High Court CR. MISC. No.45216 of 2024(3) dt.30-08-2024 2/2 fired hitting him in his neck as a result of which he died.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Only one gun shot injury has been found on the body of the deceased which is attributable to accused Pramod Mandal and not the petitioner herein. The petitioner is in custody since 4.12.2023 and charge has been framed in the learned trial Court. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, there being direct allegation of him having resorted to firing and having actively participated in the occurrence wherein the brother of the informant was shot dead and killed, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Harsh/- U T