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Patna High CourtCR. MISC./15134/2015dismissed

Binod Kumar Mandal @ Pintu v. The State Of Bihar

2015-07-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15134 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -KORHA District- KATIHAR ====================================================== Binod Kumar Mandal @ Pintu Son of Satya Narayan Mandal resident of village - Fulhara, Police Station - Mansahi, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the deceased disclosed the names of seven persons including the petitioner Pintu of Kajra and others in the F.I.R. and alleged that her husband was indulged in illegal activities with the accused persons and the accused persons killed her husband. It is submitted that the petitioner is a resident of Village Fulhara and not a resident of Village Kajra, and his name is Binod Kumar Mandal. Except suspicion, no tangible material is collected but it appears that during the course of investigation, the witnesses have suspected the hands of the petitioner in killing the deceased and one of the accused persons confessed his guilt and

Patna High Court Cr.Misc. No.15134 of 2015 (3) dt.02-07-2015 2/2 disclosed about commission of dacoity for which Korha P.S. Case No. 80 of 2014 was registered. While the accused persons were distributing the booty, some dispute arose and the deceased is said to have been killed by the petitioner and others. Considering the facts aforesaid, I am not inclined to enlarge the above named petitioner on anticipatory bail in Korha P.S. Case No. 81 of 2014. Accordingly, the same is rejected. The petitioner is directed to surrender in the court below within four weeks from the date of receipt / production of a copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order.

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