Naresh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43707 of 2014 Arising Out of PS.Case No. -104 Year- 2012 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Naresh Mandal Son of Ram Mandal Resident of Village- Bairiya, P.S.- Mathnagar, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Dhirendra Nath Jha For the Opposite Party : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-04-2015 Heard both sides.
Sole petitioner apprehends his arrest in connection with Nath Nagar P.S. case no. 104 of 2012 instituted under Section 302 of the IPC and Section 27 of the Arms Act. The First Information Report was lodged against unknown immediately after the occurrence. As per the allegation the brother of the informant as usual went to sleep at the Basa of Bidra Mandal when some unknown miscreants killed him by means of fire arms. In course of investigation names of the petitioner and one Mantu @ Manta Mandal surfaced. Learned counsel for the petitioner submits that there is no tangible material in the case diary directly connecting the petitioner with the offence.
Patna High Court Cr.Misc. No.43707 of 2014 (2) dt.10-04-2015 2/2 Learned APP referring to the impugned order submits that incriminating materials have come which have been noticed by the learned sessions Judge in the impugned order. Considering the seriousness of the offence and the facts reflecting from the impugned order, this Court is not persuaded to grant the petitioner privilege of anticipatory bail. Prayer is rejected.
However, if the petitioner surrenders and prays for regular bail before the court below, the same shall be considered on its own merit uninfluenced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T