Patna High CourtCR. MISC./6062/2017rejected

Prabhash Mandal v. The State Of Bihar

2017-03-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6062 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Prabhash Mandal, Son of Naresh Mandal, Resident of Village-Mainathchak, P.S. Amarpur, District-Banka.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Amarpur P.S. Case No.167 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 448 and 307 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Chief Judicial Magistrate, Banka.

The accusation is that due to grudge of Panchayat Election, 19 persons, named in the F.I.R., including the petitioner chased Siyaram Yadav. In that course, this petitioner shot fire through gun causing injury on the chest of Siyaram Yadav.

Patna High Court Cr.Misc. No.6062 of 2017 (3) dt.17-03-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that while allegation has been made against the petitioner to cause firearm injury at the chest of Siyaram Yadav but it would appear from the injury report of Siyaram Yadav that out of three injuries, injury no.1 is multiple pellets injury around the right nipple whereas two other injuries were lacerated injuries, which appear to be caused by hard and blunt substance. The nature of the injuries has also not been disclosed. The petitioner is in jail custody since 18.11.2016. Having regard to the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T