Patna High CourtCR. MISC./18419/2015dismissed

Yogendra Mandal v. The State Of Bihar

2015-07-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18419 of 2015 Arising Out of PS.Case No. -186 Year- 2014 Thana -KURSELA District- KATIHAR ====================================================== Yogendra Mandal S/o- Late Pami Mandal R/o - Chay Tola , P.S. - Kursela, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2015 Heard both sides.

The petitioner seeks bail in Kursela P.S. Case No. 186 of 2014, corresponding to Sessions Trial No. 85 of 2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named seven persons and alleged that they all surrounded him, thereafter Babloo Mandal, Ranjit Mandal, Sanjit Mandal, Mangan Mandal and Yogendra Mandal, the petitioner fired which hit on his hand, palm, left thigh and chest. Dilkhush Kumar also got firearm injury.

It is submitted that omnibus and general allegation of firing is made against the petitioner and others. The informant has

Patna High Court Cr.Misc. No.18419 of 2015 (3) dt.06-07-2015 2/2 further stated in his fardbeyan that all the seven accused persons made firing. Bishun Deo Mandal has already been granted bail vide Cr. Misc. No. 19323 of 2015.

It appears that the informant, of course, named seven persons in his fardbeyan, but made allegation of firing against five persons including the petitioner. There was no allegation of firing against Bishun Deo Mandal who has been enlarged on bail, but there is very specific allegation against the petitioner that he fired and the deceased got many injuries and died due to firearm injury. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T