Sarjan Kumar @ Baghha @ Bagga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49789 of 2018 Arising Out of PS.Case No. -42 Year- 2011 Thana -BARIYARPUR District- MUNGER ====================================================== Sarjan Kumar @ Baghha @ Bagga Son of Manoj Mandal, resident of Village- Pariya, P.S. Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate. For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bariyarpur P.S. Case No. 42 of 2011 instituted for the offence under Sections 302/34, 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of Explosive Substance Act.

It is alleged in the written report that the informant along with his father was in his Line Hotel. The petitioner along with nine other accused persons came on Motorcycle in front of the aforesaid Line Hotel. Pinku Mandal was in front of them and called father of the informant from the Hotel. The father of the informant came out from the Hotel, then petitioner along with other accused persons fired on the father of informant, on account of which, he fell down. Thereafter, Fucho Mandal and Pappu

Patna High Court Cr.Misc. No.49789 of 2018 (3) dt.31-10-2018 2/2 Mandal also fired on father of the informant. Rabindra Bind put his leg on the body of father of the informant and told that he is now dead.

Case diary has been received.

The post mortem report of father of the informant is available in the case diary wherein the Doctor has found eight injuries on the person of the deceased.

Learned Sessions Judge has mentioned in the impugned order that petitioner was absconder and was arrested by the police on 11.7.2018. The case is of the year 2011. Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T