Bharat Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5389 of 2021 Arising Out of PS. Case No.-306 Year-2019 Thana- NAYA RAM NAGAR District- Munger ====================================================== BHARAT MANDAL son of Mohan Mandal, resident of village-Dakra, Shatkhajuriya, P.S.Nayaram Nagar, District-Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indu Bhushan, Adv.
For the State :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Nayaram Nagar P.S. Case no. 306 of 2019 registered under sections 307, 385, 379, 147, 149, 341, 323, 325, 427, 503 and 506 of the Indian Penal Code.
As per allegation in the FIR, the petitioner is stated to have fired on the informant as also his brother Bipin Mandal. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. There is case and counter-case between the parties, the counter case having been lodged on earlier occasion with the
Patna High Court CR. MISC. No.5389 of 2021(3) dt.22-06-2021 2/2 correct version. It is submitted that there is no finding of any grievous injury. The petitioner has no criminal antecedent and is in custody since 28.5.2020.
The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and on perusal of the materials available on record it transpires that there is direct allegation against this petitioner of having fired on informant and his brother which is confirmed from the injury report available in paragraph no.58 of the case diary. In view of the facts and circumstance of the case, the Court is not inclined to enlarge the petitioner on bail. The application is rejected.
(Partha Sarthy, J) Bibhash U T