Gagan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53271 of 2021 Arising Out of PS. Case No.-228 Year-2021 Thana- AMARPUR District- Banka ====================================================== Gagan Mandal Son of Kameshwar Mandal R/O Village- Kathouni, P.S.- Kajraili, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2022 Heard the parties.

This FIR arises out of Amarpur P.S. Case No.228 of 2021 lodged on 17.05.2021 under Section 302 of the Indian Penal Code.

There is direct allegation against the petitioner that when the informant's son was serving food at a feast, the petitioner herein came, threw him on the ground and hit him on his head by a brick as a result whereof the injured boy became unconscious, was rushed to the hospital and was declared dead. Learned counsel for the petitioner submits that this case does not come within the purview of 302 of the Penal Code and as such he deserves bail.

In view of the aforesaid allegation in which direct allegation has been made against him, this Court is not inclined

Patna High Court CR. MISC. No.53271 of 2021(2) dt.05-04-2022 2/2 to grant the privilege of bail to the petitioner, which is accordingly rejected.

(Rajiv Roy, J) Prakash Narayan /- U T