Dismissed

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

Patna HC17 Jan 2019CR. MISC./75576/2018

Case brief

AI extract

What is this about?

The High Court at Patna refused bail to a petitioner accused of murder and firearms offences. The court rejected the application based on the severity of the charges and the prosecution case describing the petitioner's active participation in the assault.

What did the court decide?

Bail application is rejected; petitioner to remain in judicial custody.

Rajeev Kumar @ Rajeev Kumar Mandal @ Rajeev… — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.75576 of 2018

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Arising Out of PS. Case No.-78 Year-2017 Thana- ANTICHAK District- Bhagalpur

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======================================================

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Rajeev Kumar @ Rajeev Kumar Mandal @ Rajeev Mandal, Son of Bajrangi Mandal, Resident of Village- Topil, P.S.- Antichak, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Upendra Kumar ======================================================

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL

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ORAL ORDER

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3 17-01-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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Petitioner is languishing in judicial custody since 17.02.2018 in connection with Sessions Trial No. 392 of 2018 arising out of Antichak P.S. Case No. 78 of 2017 for offences alleged under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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The prosecution case as lodged by a 71 year old informant is that his son Kukku Yadav @ Nilambar Yadav had gone along with the labourers, Lakshman Yadav and Saudagar Mandal in his tractor carrying food-grains and on the way the

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Patna High Court Cr.Misc. No.75576 of 2018(3) dt.17-01-2019 2/3

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tyre of the tractor had burst which after alignment, he was trying to fix. The petitioner along with three other co-accused arrived. While co-accused Gajadhar Kapri tied his neck with a towel and took him to the field, co-accused Jaikant Mandal fired on his thigh. Thereafter, co-accused Gajadhar Kapri fired on his temporal region and petitioner slit his throat with a Dabiya along with another co-accused Anjani Mandal who slit his throat by means of Kulhari. The informant’s son died on the spot.

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It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case, bears no criminal antecedent and the main assailants are co-accused Jaikant Mandal and Gajadhar Kapri.

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However, learned APP for the State opposes the prayer for bail stating therein that the labourer Lakshman Yadav who was along with the deceased was an eye-witness who has seen the entire occurrence and the postmortem report also suggests as many as seven injuries, some caused by fire arm and also by weapons and the complicity of the petitioner has seen by the eye-witness.

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Considering the facts and circumstances of the case and materials on record, I am not inclined to grant the privilege of bail to the petitioner in connection with Sessions Trial No.

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Patna High Court Cr.Misc. No.75576 of 2018(3) dt.17-01-2019 3/3

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392 of 2018 arising out of Antichak P.S. Case No. 78 of 2017 pending before the court of the learned Sessions Judge, Bhagalpur.

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The bail application is accordingly rejected.

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(Nilu Agrawal, J)

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devendra/priyanka

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U T

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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