Patna High CourtCR. MISC./45410/2019dismissed

Jugo Mandal @ Jogesh Mandal @ Juges Mandal v. The State Of Bihar

2019-10-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45410 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== JUGO MANDAL @ JOGESH MANDAL @ JUGES MANDAL Son of Bulaki Mandal Resident of Village- Koyali, P.S.- Jagdishpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Jagdishpur P.S.Case No.297 of 2018 registered for offences punishable under Sections 341, 323, 307, 504, 506 and 302 of the Indian Penal Code.

As per the FIR, the petitioner and the other accused persons have assaulted the informant and abducted the son of the informant.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed in the FIR but later on in the further statement, the informant has alleged specific allegation against the petitioner of assault to his son due to which he died and no such statement is made in the FIR.

Patna High Court CR. MISC. No.45410 of 2019(3) dt.22-10-2019 2/2 Heard learned A.P.P. ,w ho has opposed the prayer for bail on the ground that he has specifically named the petitioner as assailant in the further statement ..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U