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Patna High CourtCR. MISC./52545/2018dismissed

Radhe Mandal And ANR v. The State Of Bihar

2018-10-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52545 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- GHANSHYAMPUR District- Darbhanga ======================================================

1. Radhe Mandal

2. Suraj Mandal Both are sons of Late Bhagwat Mandal, Resident of Village- Mansara, P.S. Ghanshyampur, District- Darbhanga. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur with Mr. Shashank Shekhar For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners.

Petitioners pray for bail in connection with Ghanshyampur P.S.Case No. 185 of 2017 registered for the offences punishable under Sections 147, 148, 149, 307, 324, 302 and 504 of the Indian Penal Code.

Allegation against the petitioners is that they came along with other accused persons variously armed and accused Shrawan Mandal assaulted daughter of the informant by knife and thereafter all accused persons assaulted her and her husband by knife, iron rod and mungri due to which husband of the informant received injuries and he was taken to PMCH and during treatment he died.

Submission of learned counsel for the petitioners is

Patna High Court Cr.Misc. No.52545 of 2018(3) dt.31-10-2018 2/2 that there is allegation attributed against the petitioners, rather allegation is general in nature and there is enmity between the parties from before and they are in custody since 6.6.2018 and 20.6.2018 respectively.

Heard learned APP also, who has opposed the prayer for bail stating that multiple injuries were found on the person of deceased and there is allegation of assault against the petitioners and other accused persons .

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners at this stage.

However, once charge has been framed in this case, the petitioners may renew their prayer for bail. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T