Sudhir Mandal @ Subba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26108 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -KASIMBAZAR District- MUNGER ====================================================== Sudhir Mandal @ Subba Son of Suresh Mandal resident of Mohalla - Maksaspur, Police Station - Kasim Bazar, District - Munger .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation is that the petitioner including four named and three unknown persons stopped the deceased Pankaj Kumar Verma, and his wife the informant. There was altercation between Pawan Mandal and the deceased. There is specific allegation against the petitioner to have pushed the informant, who fell down and, in the meantime, Pawan Mandal and Gholta Mandal shot fire at the deceased causing his death.

It is submitted on behalf of the petitioner that there is no allegation of firing against the petitioner. However, chargesheet has already been submitted. There is no chance of tampering with the witnesses.

Patna High Court Cr.Misc. No.26108 of 2015 (3) dt.03-08-2015 2 / 2 Learned counsel for the State submits that there is specific allegation of overt act against the petitioner and petitioner has also criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger,/court concerned in Kasim Bazar P.S. Case No. 28 of 2015 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T