Bhutali Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54093 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- EKCHARI District- Bhagalpur ====================================================== BHUTALI MANDAL Son of Baidyanath Mandal Resident of Village - Khawaspur, P.O.- Ekchari, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijaya Laxmi Srivastwa For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 149, 341, 323, 307 and 302 of the Indian Penal Code.

As per the prosecution case, 9 persons including this petitioner came at the land of informant and started assaulting informant and other two persons by means of lathi, as a result of which, one person died on spot and one another person died during course of treatment.

It is submitted on behalf of petitioner that specific accusation of assault is against co-accused Pawan Kumar. So far as this petitioner is concerned, there is general and omnibus allegation. It is further submitted that petitioner has been falsely implicated in this case due to previous enmity between the parties.

Patna High Court CR. MISC. No.54093 of 2022(2) dt.20-12-2022 2/2 However, learned counsel for the informant vehemently opposed the bail petition and submitted that there is specific allegation against this petitioner and other co-accused, who committed the murder of brother and nephew of informant. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T