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Patna High CourtCR. MISC./47106/2016rejected

Deep Narayan Mandal And ANR v. The State Of Bihar

2016-12-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47106 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Deep Narayan Mandal, Son of Singheshwar Mandal,

2. Gautam Mandal, Son of late Sugriv Mandal Both are resident of Village- Govindpur, P.S. Pirpaiti, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2016 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pirpaiti P.S. Case No. 96 of 2016, registered under Sections 341, 323, 324, 307, 504/34 and 302 of the Indian Penal Code and Section 27 of Arms Act pending in the court of the A.C.J.M-XI, Bhagalpur.

The accusation is that seven persons named in the F.I.R. including the petitioners, came at the door of the informant and started to abuse the informant, when informant made protest then all the persons started assaulting him. In the meantime, Keso Mandal fired through pistol causing injury at his belly, who fell

Patna High Court Cr.Misc. No.47106 of 2016 (2) dt.15-12-2016 2/2 down later on in course of treatment, he died. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. and there is general allegation of causing assault through fists and slaps to the informant. Further submission is that there is specific allegation against co-accused Keso Mandal, who shot fire causing injury at his belly.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) manish/- U T