Niranjan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3399 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== NIRANJAN MANDAL S/O LATE JAGESHWAR MANDAL R/VMEHSOUDHI, P.S.- MUFFASIL, DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 140 of 2022 registered for the offence under Sections 447, 448, 341, 323, 307, 385 and 34 of the Indian Penal Code and 27 of Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 09.07.2022.
The allegation against the petitioner is to open fire upon wife of the informant, causing firearm injury, having intention to cause death, where, occurrence alleged to be arises out of previous enmities.
Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely in this case, for the
Patna High Court CR. MISC. No.3399 of 2023(4) dt.20-06-2023 2/3 reason that the present FIR was lodged after delay of 38 days without having any just explanation. It is pointed out that the informant is eye-witness of the occurrence, where, he specifically stated that a firearm injury caused to her wife, but no such injury was noticed, during course of investigation, as alleged, which falsify the allegation on its face. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where, he is on bail and moreover, investigation of this case has completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as present FIR was lodged with a delay of 38 days without having any just explanation, where no such injury was noticed during investigation coupled with the fact that chargesheet has been submitted, where, petitioner is in custody since 09.07.2022, let the petitioner, above named, is directed to be released on bail in connection with Khagaria (Muffasil) P.S. Case No. 140 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.3399 of 2023(4) dt.20-06-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T