Patna High CourtCR. MISC./10443/2015dismissed

Kailash Mandal v. The State Of Bihar

2015-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10443 of 2015 Arising Out of PS.Case No. -468 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Kailash Mandal S/o Late Sita Ram Mandal Resident of Village Bank, P.S. Dandari, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mrs. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner, learned A.P.P. as well as learned counsel for the informant. The petitioner seeks bail in a case under Section 307 and other sections of the Indian Penal Code.

The petitioner is alleged to have injected intoxicant and thereafter cut the throat of the informant and took away his belongings. Learned counsel for the petitioner submits that the allegations are false and concocted. The petitioner and the informant are well-acquainted with each other. No corrosive or intoxicant material is found in the blood of the informant. The injury found on the neck is superficial in nature as it is only skindeep of 5" x 2". On the next day, the petitioner was apprehended with the entire money which is said to have been taken from the possession of the informant.

Patna High Court Cr.Misc. No.10443 of 2015 (3) dt.19-05-2015 2/2 On the other hand, learned counsel for the informant opposed the prayer for bail.

It appears that that the petitioner firstly made the informant unconscious by injecting some intoxicant and thereafter caused injury on his neck by a sharp edged weapon and took away all the belongings including Rs. 1,50,000/- from the possession of the informant. The blood stained scissor and the money have been recovered from the possession of the petitioner on the next day. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage in Ballia P.S. Case No. 468 of 2014. Accordingly, the same is rejected. The petitioner may renew his prayer for bail after remaining 9 months in jail.

(Prabhat Kumar Jha, J) Dilip/- U T