Suresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23464 of 2015 Arising Out of PS.Case No. -237 Year- 2013 Thana -RIGA District- SITAMARHI ======================================================

1. Suresh Mandal Son of Nandu Mandal resident of village - Kharsan, P.S. Riga, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

No doubt, omnibus allegation of assault has been levelled in the first information report but in course of investigation, eye witnesses vide paragraphs no. 8, 9 and 10 of the case diary specifically stated that it was petitioner who gave fatal blow to the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Riga P.S. Case No. 237 of 2013 pending in the court of Chief Judicial Magistrate, Sitamarhi stands rejected, at least, at this stage.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T