Patna High CourtCR. MISC./20183/2017rejected

Baijnath Mandal And ORS v. The State Of Bihar

2017-10-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20183 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Baijnath Mandal, Son of Late Narayan Mandal

2. Dinesh Yadav Son of Late Chichai Yadav

3. Navin Mandal @ Navin Kumar Mandal, Driver, Son of Baijnath Mandal All are Resident of Village- Gogra, P.S. Azam Nagar, District Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2017 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Azam Nagar P.S. Case No. 237 of 2016, registered under Section 302/34 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st Class, Katihar.

The accusation is that on 31.08.2016 at about 7.00 P.M. Bhola Mandal, brother of the informant, was returning to his village from the railway station. At that time informant was going to attend call of nature then saw 10 persons, including the petitioners, who were boarded on the Bolero jeep, they were talking that Bhola Mandal has seen the murder of Md. Ajaj,

Patna High Court Cr.Misc. No.20183 of 2017 (3) dt.13-10-2017 2/2 therefore, Bhola Mandal should be crushed so that he may not disclose the matter to any one. Thereafter, Bhola Mandal, brother of the informant was dashed through the Bolero Jeep in which 10 persons, including the petitioners, were sitting. Subsequently, Bhola Mandal succumbed to his injuries.

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. The petitioners are directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T