Buggi Mandal @ Baleshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89905 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Buggi Mandal @ Baleshwar Mandal Son of Late Nakul Mandal R/OMamalkha, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sabaur P.S. Case No. 16 of 2024 registered for the offence punishable under Sections 452, 302 read with 34 of the Indian Penal Code.

3. As per the prosecution case, on 12.01.2023, the petitioner along with other co-accused Biran Mandal entered the house of the informant and assaulted the informant, her husband and child due to which her husband sustained head injury and died thereafter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.89905 of 2024(3) dt.29-04-2025 2/2 this case. The petitioner and informant are agnates and there is land dispute between the parties. There is no specific allegation of assault against the petitioner. The petitioner is in judicial custody since 20.02.2024 having no criminal antecedent.

5. Learned APP for the State has vehemently opposed the bail petition of the petitioner and submits that there is specific allegation against the petitioner. In the post-mortem report the doctor has opined that the injuries were antemortem and damages to life in ordinary course of nature and caused by hard and blunt object. The cause of death is haemorrhage and shock due to above noted all injuries.

6. Considering the aforesaid facts and circumstances of the case as well as the specific allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Sabaur P.S. Case No.16 of 2024, pending in the Court of learned Additional District & Sessions Judge-XVII, Bhagalpur.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) khushbu/- U