Patna High CourtCR. MISC./70946/2023bail rejected

Arvind Mahaldar @ Arvind Kumar Mahaldar v. The State Of Bihar

2023-11-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70946 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- RAUTA District- Purnia ====================================================== Arvind Mahaldar @ Arvind Kumar Mahaldar Son Of Etwari Mahaldar R/O Village- Charakpara, P.S.- Routa, District- Purnia ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 36 of 2023 arising out of Rauta P.S. Case No. 50 of 2022 lodged under Sections 302/34 of the I.P.C.

3. As per the prosecution case, there were 2 persons made accused in this case including the present petitioner. The allegation is that the petitioner and the co-accused have strangulated the neck of informant's son by rope and his presence, they have killed his son.

4. Learned counsel for the petitioner submits that the event is of 18.04.2022, but F.I.R. has been lodged on 20.04.2022 i.e., about 2 days thereafter, which creates doubt that the F.I.R. has been lodged by delay.

Patna High Court CR. MISC. No.70946 of 2023(2) dt.07-11-2023 2/2

5. Counsel for the petitioner submits that petitioner is in custody since 22.04.2022 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that it is true that from the first page of the F.I.R., the date of occurrence is 18.04.2022, but from the fardbeyan, it transpires that the date of occurrence is 19.04.2022 at 11 PM and F.I.R. has been lodged on 20.04.2022.

7. In the present facts and circumstances of this case and upon seeing the direct allegation, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T