Patna High CourtCR. MISC./34838/2015rejected

Shankar Mandal v. The State Of Bihar

2015-11-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34838 of 2015 Arising Out of PS.Case No. -124 Year- 2013 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Shankar Mandal Son of Late Khikhar Mandal, resident of villageBhakharpur, P.S. Pirpainty, Distt- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302/34 of the I.P.C and section 27 of the Arms Act.

Allegedly, the informant saw the petitioner and other co-accused fleeing away after killing Savita Devi, the sister of the informant, by opening fire. It is alleged that Urmila Devi, the mother and Ravi Kumar Verma have seen the occurrence. During investigation Urmila Devi in her statement being an eye witness has stated that this petitioner also shot Savita Devi on her head. Submission is of false implication and that the informant is not an eye witness, witness Urmila Devi has got no

Patna High Court Cr.Misc. No.34838 of 2015 (4) dt.24-11-2015 2/2 occasion to see the occurrence. Co-accused Mantu Mandal has filed Complaint Case No. 1956 of 2013 for the same occurrence and this case has been filed falsely. The petitioner is brother-inlaw of Mantu Mandal. The statement of Urmila Devi is not believable and as such the petitioner who is suffering in custody since 04.05.2015 deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail by submitting that the petitioner is also assailant. In the facts and circumstances as stated above, considering that Urmila Devi being an eye witness has stated the name of the petitioner as one of the assailant and as such this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Pirpainty P.S. Case No. 124 of 2013/ G.R. No. 2737 of 2013 pending in the court of C.J.M. Bhagalpur.

(Jitendra Mohan Sharma, J) Abhay/- U T