Sajo Mandal @ Sajan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5427 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- JAMALPUR District- Munger ====================================================== Sajo Mandal @ Sajan Mandal Son Of Dablu Mandal @ Dablu Kumar R/O Bari Keshopur (IDGAH Road), P.S.- Jamalpur, Dist.- Munger ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jamalpur P.S. Case No. 162 of 2023 registered for the offence under Sections 302, 120B / 34 of the IPC and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

Patna High Court CR. MISC. No.5427 of 2024(3) dt.05-04-2024 2/2

6. On perusal of the FIR, case diary and impugned order dated 06.12.2023, it appears that on the basis of written report of the informant FIR was registered against 8 accused persons including the present petitioner. On the basis of FIR, it appears that no role was assigned by the petitioner in the present case, only for calling the deceased and in the dying declaration of the deceased as stated in the FIR also no role was assigned by the petitioner. Other similarly situated co-accused persons, namely, Chintu Kumar @ Shankar Paswan has been granted bail by learned trial Court, Munger in B.A. No. 3054 of 2023 and Prince Raj in B.A. No. 212 of 2024 as submitted by learned counsel for the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 162 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T