Amit Mandal @ Deepak Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4178 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Amit Mandal @ Deepak Mandal, Son of Gandak Mandal, Resident of Village- Goushala Road, Police Station- Town Madhubani, DistrictMadhubani. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Chandra Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 334 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 307, 323, 414 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, earlier for eating and drinking there was dispute between the petitioner and Md. Dulare Main and his brother, both side have caused threats to see them and then there was firing and cross-firing between the two groups, resulting one boy has received fire arm injury slightly.

Patna High Court Cr.Misc. No.4178 of 2016 (3) dt.18-03-2016 2/3 Submission is of false implication and that against the petitioner, there is no allegation of opening fire, it has come that earlier, there was some altercation and due to that, the petitioner has been named in this case, from earlier the petitioner was an accused in Madhubani Town P.S. Case No. 379 of the Indian Panel Code wherein he is on bail and in this case, the petitioner is suffering in custody since 25.09.2015, and as such, the petitioner deserves sympathetic consideration, to which the learned APP opposes.

In the facts and circumstances stated above, considering that the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 334 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason

Patna High Court Cr.Misc. No.4178 of 2016 (3) dt.18-03-2016 3/3 shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) ajaypd./- U T