← Library
Patna High CourtCR. MISC./47570/2014rejected

Sikandar Mandal v. The State Of Bihar

2015-04-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47570 of 2014 Arising Out of PS.Case No. -116 Year- 2013 Thana -TIKAPATTI District- PURNIA ====================================================== Sikandar Mandal, Son of Late Satya Narayan Mandal, Resident of villageMehdi, P.S. Tikapatti, District- Purnea. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Bijendra Kumar Singh, Advocate. For the State : Mr. Anand Mohan Pd. Mehta (APP) For the Informant : Mr. Bhola Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------------- 23-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Tikapatti P.S. Case No.116 of 2013 registered under Sections 341, 324 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of Sri Ajay Kumar, Judicial Magistrate, First Class, Purnea.

The allegation against the petitioner is to fire shot at Rajesh Kumar, the son of the informant, Kailash Yadav. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the informant is not an eye witness to the occurrence rather he has reached near the place of occurrence

Patna High Court Cr.Misc. No.47570 of 2014 (2) dt.23-04-2015 2/2 just after the occurrence.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks and pray for regular bail which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T