Munna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2724 of 2020 Arising Out of PS. Case No.-466 Year-2017 Thana- BIHPUR District- Bhagalpur ====================================================== MUNNA MANDAL, Son of Late Diwakar Mandal, Resident of VillageBhramarpur, Satiyara, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 447, 448, 387, 427, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that on 03.11.2017 at 9.30 pm petitioner and other accused persons came at the informant's house having with deadly weapons and using abusive languages and firing upon him and also demanded ransom of Rs. 5 lac otherwise killed him and also damaged the back Tyre of the Tractor by firing. The informant entered in the house and shut down the door and informed the police when the accused persons got knowledge that police is coming then they fled away. It is also alleged that the informant collected 15

Patna High Court CR. MISC. No.2724 of 2020(3) dt.20-03-2020 2/2 empty cartridges from the place of occurrence and handed over to the Officer-in-charge.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence though has been falsely implicated in this case due to dirty village politics and previous enmity. The occurrence took place on 03.11.2017 at 9.30 hours and the FIR lodged on 05.11.2017 at 01.30 hours about two days delayed. From perusal of the FIR and case diary, there is no specific allegation against the petitioner and there is general and omnibus allegation against the petitioner. The petitioner is in custody since 24.07.2019 and charge sheet has been submitted in this case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-1st, Naugachhia, Bhagalpur, in connection with Bihpur P.S. Case No. 466 of 2017.

(Anjani Kumar Sharan, J) amitkumar/- U T