Patna High CourtCR. MISC./5282/2017rejected

Suresh Mandal And ANR v. The State Of Bihar

2017-03-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5282 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Suresh Mandal, Son of Late Narayan Mandal.

2. Jagarnath Mandal, Son of Late Narayan Mandal, Both resident of Village - Gogra, P.S. Azam Nagar (Salmari O.P.), District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with Azam Nagar (Salmari O.P) P.S. Case No. 236 of 2016 registered under Sections 302 and 307/34 of the Indian Penal Code and 27 of the Arms Act pending in the Court of Judicial Magistrate 1st Class, Katihar.

Learned counsel for the petitioners submits that they have been falsely implicated in the present case. The fact is that the deceased was a veteran criminal and due to enmity they have been dragged in the present case.

Learned A.P.P. appearing on behalf of the State

Patna High Court Cr.Misc. No.5282 of 2017 (4) dt.28-03-2017 2/2 opposed the prayer of the petitioners with submission that Md. Tanvir, in para 9, of the case diary stated that petitioner no. 1 fired upon the deceased which corroborates the post-mortem report and petitioner no. 2 was his associate.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioners for bail. Accordingly, this application is rejected. However, considering the nature of allegation against the petitioner no. 2, he may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Prakash/- U T