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Patna High CourtCR. MISC./51087/2014rejected

Mukesh Mandal v. The State Of Bihar

2015-05-14Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51087 of 2014 Arising Out of PS.Case No. -134 Year- 2013 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Mukesh Mandal son of Late Triveni Mandal, resident of village- Chhoti Keshopur Nala Par, P.S.- Jamalpur, District- Munger .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.

If the petitioner can happily abscond for a period over one and a half years despite being suspected on the basis of confession of co-accused, the only explanation now that such co-accused has been acquitted in no way go to show that the petitioner would also deserve the privilege of anticipatory bail for the offence punishable under Section-302 of the Indian Penal Code and Section27 of the Arms Act. The very fact that the anticipatory bail of the petitioner was rejected for the first time on 06.01.2014, and thereafter the petitioner kept on happily absconding and filed another anticipatory bail application before the Sessions Judge which was also

Patna High Court Cr.Misc. No.51087 of 2014 (2) dt.14-05-2015 dismissed by order dated 21.11.2014, would go to show that there is some element of justification of the alleged involvement of the petitioner who is said to be a contract killer.

Bet that as it may, this Court is not inclined to grant the privilege of anticipatory bail to the person like petitioner.

The prayer for anticipatory bail of the petitioner is hereby rejected.

Nothing said in this order, however, will come in the way of the petitioner in surrendering before the Court below and praying for regular bail.

(Mihir Kumar Jha, J) Ranjan/- U T