Niranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38749 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== NIRANJAN MANDAL Son of Ras Bihari Mandal Resident of VillageAthaniya Diyara, P.S.-Pirpaiti, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Pirpainti P.S. Case No. 244 of 2018 registered under section 392 of the I.P.C. pending in the Court of A.C.J.M.-11th, Bhagalpur. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been dragged in the present case due to high handedness of the police officials. No looted articles have been recovered from the petitioner. He is in custody since 28.02.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that on perusal of paragraph -81 of the case diary, it appears that as per C.D.R. of the mobile, the petitioner was found present at the

Patna High Court CR. MISC. No.38749 of 2019(3) dt.13-09-2019 2/2 time of the alleged occurrence. Hence, this is not a fit case for grant of regular bail.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T