Sajan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38572 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== 1.

SAJAN MANDAL Son of Late Fanesh Mandal Resident of Village - Biswari, P.S. - Gwalpara, District - Madhepura 2.

Kailash Mandal Son of Dina Mandal Resident of Village - Biswari, P.S. - Gwalpara, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Gwalpara P.S. Case No. 36/2020 instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been urged on behalf of the petitioners that they are only members of the mob. Witnesses in the case diary have also not stated anything about the petitioners. It has also been urged that the informant in his re-statement has not completely supported the version which he has made

Patna High Court CR. MISC. No.38572 of 2020(4) dt.20-07-2021 2/2 in the First Information Report. Therefore, the sheet anchor of the argument of the learned counsel for the petitioner is that the informant cannot be believed as he is prevaricating in making statements before the police.

He further submits that the petitioners are persons of clean antecedents.

This is a case where the father of the informant was surrounded and killed. The informant claims to have seen the occurrence as he hid himself in a maize field. The aspects of the case which has been flagged by the learned counsel for the petitioners do not make out any good ground for granting anticipatory bail to them.

The prayer for anticipatory bail is rejected. The application stands dismissed.

(Ashutosh Kumar, J) sunilkumar/- U T