Single Judge Oral Order rejecting bail application of petitioner in murder case due to criminal history and police report materials despite FIR exclusion argument.
Bail application rejected. Petitioner to remain in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32997 of 2019
Arising Out of PS. Case No.-252 Year-2017 Thana- NAYA RAM NAGAR District- Munger
======================================================
PAWAN MANDAL Son of Suresh Mandal Resident of Village/MuhallaMaksaspur, P.S.- Kasim Bazar, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr.Chandra Sen Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 12-09-2019
Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No. 252 of 2017 for the offence punishable under sections 302, 201/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that petitioner is not named in the first information report and he has been falsely implicated in this case on basis of the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 19.02.2018.
Learned Addl. P.P. appearing for the State submits
Patna High Court CR. MISC. No.32997 of 2019(4) dt.12-09-2019 2/2
that during investigation petitioner has been made accused in this case. Independent witnesses have also supported the case against this petitioner. Moreover, petitioner has a very long criminal history.
Considering the nature of allegations levelled, the materials available on record, the submissions advanced on behalf of the parties and the criminal history of this petitioner, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused in murderULE
Pawan Mandal
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
