Patna High CourtCR. MISC./43457/2023bail rejected

Laxman Mandal v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43457 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== Laxman Mandal, Son Of Chitranjan Mandal Resident Of Village In Front Of Power Office, Ps Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 326 of 2020 arising out of Sultanganj P.S. Case No. 97 of 2020 dated 25.05.2020 registered for the offences punishable u/ss 341, 323, 307 and 302 of the Indian Penal Code and u/s 27 of the Arms Act.

4. As per the prosecution case, due to land dispute, the petitioner is alleged to have fired on his full brother, Niraj

Patna High Court CR. MISC. No.43457 of 2023(2) dt.31-07-2023 2/2 Mandal causing injury. The injured was taken to the hospital for treatment and during the course of treatment, he died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eye witness to the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2020.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

8. Accordingly, his prayer for grant of bail is rejected.

9. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) Gautam/- U T