Pankaj Mahaldar @ Pankaj Kumar Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49057 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- KADWA District- Katihar ====================================================== PANKAJ MAHALDAR @ PANKAJ KUMAR MAHALDAR S/O LATE KISHTU MAHALDAR R/O VILLAGE- KUMHRI, PS. KADWA, DIST. KATIHAR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mira Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. This application has been filed for grant of regular bail in connection with Kadwa P.S. Case No. 23 of 2023 registered under Section 302 of the Indian Penal Code.

3. The petitioner has been seen by the witnesses killing the deceased.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to rivalry. He further submits that the police arrested the petitioner on the same day from a nearby field and not from the place of occurrence. It is further submitted on behalf of the petitioner that the petitioner is suffering from a mental disease. Petitioner

Patna High Court CR. MISC. No.49057 of 2023(5) dt.11-10-2023 2/2 is in custody since 04.02.2023.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also the fact that there is direct allegation of killing the deceased against the petitioner, I am not inclined to grant him bail. It is, accordingly, rejected.

(Sandeep Kumar, J) Saif/- U T