Bihari Mandal @ Bihari Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3471 of 2019 Arising Out of P.S. Case No.-342 Year-2018 Thana- AMARPUR District- Banka ====================================================== BIHARI MANDAL @ BIHARI CHOUHAN, aged about 32 years, Male, son of Rudo Mandal Resident of Village- Vachani, P.S. Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 14.08.2018 in connection with Amarpur P.S.Case No.342 of 2018 for the offence alleged under Sections 307, 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as lodged by the informant is that while he along with his father were returning home by the motorcycle, six accused persons named in the FIR resorted to indiscriminate firing which resulted in the death of his father. Thereafter, the petitioner along with co-accused Bishnu Mandal came and resorted to indiscriminate firing which hit his right leg.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3471 of 2019(2) dt.25-01-2019 2/3 petitioner that he is innocent, there is no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that while the allegation of killing his father is on the other co-accused, the only allegation against the petitioner and co-accused is of firing on the informant which has not been supported by the injury report which is annexed as P/2 which shows that the injury is simple in nature caused by hard and blunt substance. He further submits that no overt-act of killing his father has been alleged by the informant against the petitioner and he is languishing in judicial custody for about six months. He further submits that Section 302 of the Indian Penal Code will not be applicable against him and chargesheet has already been submitted, there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the nature of allegations and the fact that the petitioner does not bear any criminal antecedent, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amarpur

Patna High Court Cr.Misc. No.3471 of 2019(2) dt.25-01-2019 3/3 P.S.Case No.342 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the following condition:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T