Patna High CourtCR. MISC./2269/2015bail granted

Pankaj Mandal @ Pankaj Kr. Mandal v. The State Of Bihar

2015-01-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2269 of 2015 Arising Out of PS.Case No. -412 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Pankaj Mandal @ Pankaj Kr. Mandal Son of Tarkeshwar Mandal Resident of Village - Ogri, Police Station - Kahalgaon, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 01.09.2014 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged by the informant that nine persons came including the petitioner on three motorcycles when Tidha Yadav said that Pappu will be killed when Sonu Kumar Jha took out pistol and given to Tidha Yadav, who fired on the chest of Pappu Khan. Subsequently, Pappu Khan succumbed to the injuries. One accused Sumit Kumar was caught on the spot. It is submitted by learned counsel for the petitioner that the accusation of firing is not against the petitioner.

Patna High Court Cr.Misc. No.2269 of 2015 (02) dt.20-01-2015 2/2 Considering the fact that the petitioner is not the assailant, let the above named petitioner, 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 Judicial Magistrate, Ist Class, Bhagalpur in connection with Kahalgaon P.S. Case No. 412 of 2014.

Since the petitioner has criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of the offence or defaults for two consecutive occasions. (Dinesh Kumar Singh, J) DKS/- U T