Atul Mandal @ Atul Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38138 of 2019 Arising Out of PS. Case No.-282 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== ATUL MANDAL @ ATUL BHARTI Son of Ajit Prasad Mehta Resident of Village - Sultanganj Gali No. 3, P.S.- Sultanganj, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sultanganj P.S. Case No. 282 of 2018, corresponding to G.R. No. 6176 of 2018, registered for the offences punishable under Sections 302/120 (B) /34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner as per the written report is that the son of the informant was released on bail in murder case of Raghubir Mandal and for that the sons of the informant of that case namely Shyama Devi gave threatening of dire consequences. Further case is that on the night of 11-12 a call was came on the mobile which was seen by the wife of the deceased. After sometime Dablu Mandal himself came at the house of the informant and brought the deceased with him. On 12.11.2018 informant received the information through Sultanganj Police Station about the murder of the deceased.

Patna High Court CR. MISC. No.38138 of 2019(3) dt.29-08-2019 2/2 Informant came to know that at the instigation of the petitioner and other two accused persons they killed the deceased. Submission of the learned counsel for the petitioner besides this case two other cases also pending against the petitioner. He has been falsely implicated in this case. Heard learned A.P.P. and learned counsel appearing on behalf of the informant. They have opposed the prayer for bail drawn my attention towards para 20 of the case diary in which the name of the petitioner transpired and he is also accused in two other cases. Apprehended accused also stated about the involvement of petitioner in this case in his confessional statement.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T