Niranjan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40807 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
NIRANJAN MANDAL Son of Late Chaytu Mandal Resident of Choukhandi Mustafapur, P.S.- Pirpainti, District - Bhagalpur 2.
Ravi Kumar @ Mukesh Kumar Son of Niranjan Mandal Resident of Choukhandi Mustafapur, P.S.- Pirpainti, District - Bhagalpur 3.
Shila Devi Wife of Niranjan Mandal Resident of Choukhandi Mustafapur, P.S.- Pirpainti, District - Bhagalpur 4.
Dilip Mandal Son of Late Bhola Mandal Resident of village - Bakharpur, P.S.- Hall Dakli Near Durga Asthan, P.S.- Bakharpur, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dudh Nath Singh, Adv.
For the Opposite Party/s :
Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Pirpainti P.S. Case No. 46 of 2022, registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506, 307 and 302 of the Indian Penal Code.
3. It is alleged that these petitioners along with FIR named accused persons caused death of father of the informant by inflicting grievous injuries.
4. It is submitted on behalf of the petitioners that the
Patna High Court CR. MISC. No.40807 of 2023(2) dt.01-08-2023 2/2 petitioners have been falsely implicated in the present case due to money dispute. It is further submitted that FIR was lodged after an inordinate delay of four days and there is no valid explanation for the same. Specific allegation of assault is against the co-accused, namely, Santosh Mandal.
5. Learned APP vehemently opposes the prayer of the anticipatory bail of the petitioners and submits that the delay in lodging the FIR is because the informant was under treatment along with his father. The father of the informant died due to injuries, which amply demonstrates that the injury suffered by the injured is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case and gravity of offence, the prayer for grant of bail stands rejected.
(Prabhat Kumar Singh, J) Ayush/- U T