Prashadi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47241 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- AKBARNAGAR District- Bhagalpur ====================================================== PRASHADI MANDAL Son of Chugali Mandal @ Sukdev Mandal Resident of Village - Kodravitta Athgama, P.S.- Bihpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP For the Informant : Mrs. Pravina Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 147,148,149,341,302,504 of IPC and 27 of Arms Act.

As per the prosecution story, the informant along with his family member was going towards their house when the accused persons including the petitioner herein making unlawful assembly surrounded them and further Joginder Mandal @ Kare Mandal fired on the chest of the informant's son, Tripurari Kumar causing his immediate death. The allegation against the other accused persons is of resorting to firing as also having caught hold of the informant's son.

Patna High Court CR. MISC. No.47241 of 2022(5) dt.25-02-2023 2/2 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Allegation as alleged in the FIR is that the petitioner and his associates fired in the chest of Tripurari Kumar due to which he died on the spot.

Vide order dated 16.12.2022, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 05.01.2023 reveals that out of eight chargesheet witnesses, four prosecution witnesses have been examined.

Learned counsel for the informant and learned A.P.P. for the State, on the basis of the material available on the record and the case diary, have vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Akbarnagar P.S..Case No.127 of 2021 pending in the court of learned A.C.J.M.-1, Bhagalpur.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T