Pawan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60925 of 2018 Arising Out of PS. Case No.-342 Year-2018 Thana- AMARPUR District- Banka ====================================================== Pawan Mandal, Son of Sitaram Mandal @ Sitaram Chouhan, Resident of Village- Meghwa Bachni, P.S.- Amarpur, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 62421 of 2018 Arising Out of PS. Case No.-342 Year-2018 Thana- AMARPUR District- Banka ====================================================== Dabloo Mandal Son of Sitaram Chouhan @ Sitaram Mandal Resident of Village Meghwa Bachni, P.S. Amarpur, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 60925 of 2018) For the Petitioner/s :
Mr. Brij Nandad Prasad For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta (In Criminal Miscellaneous No. 62421 of 2018) For the Petitioner/s :
Mr. Brij Nandad Prasad For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11- Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in Amarpur P.S. Case No. 342 of 2018, instituted for the offences under Sections 307,302,120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court Cr.Misc. No.60925 of 2018(3) dt.20-11-2018 2/3 In the written report, it is alleged that while the informant along with his father were returning from the feast the petitioner with other named accused persons surrounded both of them armed with fire-arms and started firing indiscriminately at the father of informant, on account of which father of the informant died on the spot. The informant started running away then other accused persons as named in the FIR fired on the informant causing injury in his right leg.
Case diary has been received, wherein, post-mortem report is available. From the post-mortem report, it appears that the deceased has sustained as many as eight fire-arm injuries and the cause of death has been said to be haemorrhage shock due to bullet injuries caused by fire-arms.
As such the injuries as found in post-mortem report supports the allegation against the petitioner that they have made indiscriminate firing at the deceased. Therefore, this Court is not inclined to grant bail to the petitioners.
Accordingly, prayer for bail of the petitioners is rejected at this stage.
The learned trial court is directed to expedite the trial and made effort to conclude the same as early as possible preferably within a period of nine months from date of receipt/production of this order. Petitioner is given liberty to renew his
Patna High Court Cr.Misc. No.60925 of 2018(3) dt.20-11-2018 3/3 prayer for bail after nine months in the event, no substantive progress is made in the trial.
(Sanjay Priya, J) khushbu/- U T