Patna High CourtCR. MISC./2661/2024dismissed

Dilip Kumar Mandal @ Dilip Mandal @ Dilip Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2661 of 2024 Arising Out of PS. Case No.-67 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== Dilip Kumar Mandal @ Dilip Mandal @ Dilip Kumar Son of Sri Ram Kalevar Mandal R/o vill - Gangarahi, P.s. - Hathauri, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad For the Informant :

Mr. Rajendra Kumar Priyadarshi.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Hathauri P.S. Case No. 67 of 2022 registered for the offence under Section 147, 148, 149, 341, 323, 324, 325, 307, 354, 504, 506 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.

3. As per the prosecution case, the petitioner is the assailant of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and due to land dispute between the parties, they are litigating in both, civil as well as in the criminal side. Learned

Patna High Court CR. MISC. No.2661 of 2024(2) dt.24-01-2024 2/2 counsel for the petitioner further tried to distinguish the fact that the injury may not have been caused by the petitioner.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 09.10.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and also considering the fact that the petitioner is the sole assailant of the deceased, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is rejected.

9. The trial Court is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Vikas/- U T