Shatrughan Mandal @ Shatrudhan ... vs The State Of Bihar
2021 Latest Caselaw 512 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.30717 of 2020
      Arising Out of PS. Case No.-6 Year-2020 Thana- MORKAHI District- Khagaria
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Shatrughan Mandal @ Shatrudhan Mandal, aged about 30 years (Male), S/o Late Abadh Mandal, R/o Vill.-Balour, P.S.-Morkahi, Distt.-Khagaria.

... ... Petitioner/s Versus The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Viveka Nand Singh, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Morkahi PS Case No. 6 of 2020 dated 13.01.2020, instituted under

Sections 302/34 of the Indian Penal Code and 27 of the Arms Act,

1959.

3. The allegation against the petitioner is that he along

with others had fired on the father of the informant who

succumbed to the injury and specifically against the petitioner is

that he along with co-accused Sonu Kumar Mandal had fired one

shot each on the head of the deceased.

Patna High Court CR. MISC. No.30717 of 2020 dt.30-01-2021

4. Learned counsel for the petitioner submitted that the

post-mortem report discloses only two fireshot injuries whereas

the allegation is against three persons. It was submitted that the

allegation is mala fide and due to personal rivalry between the two

sides and the story in the FIR is unbelievable.

5. Learned APP submitted that the petitioner besides

having one criminal antecedent under grave sections of the Indian

Penal Code is directly accused of firing which hit the deceased of

the head along another co-accused and with regard to the third co-

accused he is said to have fired on the underarm area but the post-

mortem report clearly discloses two gunshot injuries in the head

and, thus, it is clear that the direct and specific allegation against

the petitioner is fully corroborated.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T