Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39767 of 2023 Arising Out of PS. Case No.-34 Year-2021 Thana- EKCHARI District- Bhagalpur ====================================================== Manoj Mandal S/O Wakil Mandal @ Vakeel Mandal R/O At Rani Diyara, Ps. Ekchari, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 307, 326 of the Indian Penal Code. It is alleged against the petitioner that he sprinkled petrol on the body of the younger brother, his wife and grand-son, as a result of which, the brother and his wife succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is previous dispute

Patna High Court CR. MISC. No.39767 of 2023(4) dt.30-08-2023 2/3 between the petitioner and informant's side due to which, the petitioner has falsely been implicated in this case. There is no eye witness to the occurrence. It is further submitted that in the deposition, the informant has admitted that electricity facility is also available in the straw made house and electric connection was not affected and it is unbelievable that petitioner has set fire through the petrol to his own father-in-law, mother-inlaw and his own son. The petitioner is languishing in custody since 04.10.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he sprinkled petrol upon the body of his own father-in-law, mother-in-law and son, as a result of which, two persons succumbed to the injuries. The independent witnesses also supported

Patna High Court CR. MISC. No.39767 of 2023(4) dt.30-08-2023 3/3 the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T