Patna High CourtCR. MISC./40833/2019dismissed

Laxman Mandal v. The State Of Bihar

2019-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40833 of 2019 Arising Out of PS. Case No.-509 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Laxman Mandal Son of Dashrath Mandal Resident of Village - Mohanpur, P.S.- Goradih, Distt.- Bhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party :

Mr.Mukesh Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence under sections 302/506 and other ancillary sections of the Indian Penal Code.

It is alleged by the informant that when he along with his brother was engaged in sowing Masur crop in the field, petitioner and other six persons named in the FIR, who were heavily armed, came there and surrounded them. Thereafter, the petitioner assaulted his brother with the firearms and sharp cutting weapon as a result of which he fell down. It is stated that accused Udai Mandal pierced khanti in the abdomen of the victim. Other accused persons also assaulted the victim causing his death on the spot.

Learned counsel for the petitioner submits that in fact

Patna High Court CR. MISC. No.40833 of 2019(3) dt.20-09-2019 2/2 the petitioner was a terror of the locality and sister-in-law of one of co-accused persons, namely, Pawan Mandal had also recommended for imposition of provisions of CCA Rules on him. He submits that on account of pending land dispute, the petitioner has falsely been implicated in this case and at best he was merely a member of the mob. Petitioner is in custody since 2.2.2019.

Learned counsel for the State opposes the prayer for bail.

Petitioner appears to be one of the assailants, post mortem report opines that the deceased sustained multiple injuries and the petitioner has criminal antecedent. In that aspect of the matter, petitioner's prayer for bail is rejected.

(Prabhat Kumar Singh, J) Shashi U T