Sukhari @ Sukhari Mandal @ Dinesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6267 of 2015 Arising Out of P. S.Case No. -12 Year- 2014 Thana -EKCHARI District- BHAGALPUR ====================================================== Sukhra @ Sukhari Mandal @ Dinesh Mandal son of Sarwan Mandal Resident of village Tapua , PS. Ekchari District Bhagalpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravina Kumari, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-02-2015 Learned counsel for the petitioner is permitted to make necessary correction in the name of the petitioner. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302/201/34 of IPC and 27 of the Arms Act.
Allegation against the accused including the petitioner is to have shot fire causing death of deceased, husband of the informant.
It is submitted that there is no specific allegation of overtact and there is general and omnibus allegation against 10 persons including the petitioner to have shot fire. During
Patna High Court Cr.Misc. No.6267 of 2015 (2) dt.26-02-2015 2/2 investigation, the petitioner has confessed his guilt before the police. The petitioner has no criminal antecedent. After investigation, charge-sheet has already been submitted and there is no chance of tampering with the witness.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/court concerned in Ekchari P. S. Case No. 12 of 2014 with following conditions:-
1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.
(Amaresh Kumar Lal, J) Kanchan/- U T