Sanjiwan Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19617 of 2016 Arising Out of PS.Case No. -592 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sanjiwan Mandal, Son of Late Singho Mandal, Resident of village - Pirgoura, P.S. and District - Lakhisarai.

2. Lallan Mandal, Son of Yaddu Mandal, Rresident of village - Oraiya, P.S. Lakhisarai, District - Lakhisarai.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioner is accused in connection with Lakhisarai P.S. Case No. 592 of 2015, registered under Sections 147, 148, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 08 persons named in the F.I.R. including the petitioners, came at the Bathan of the informant, where wife of Lalan Mandal asked to other accused that this is Gore on which Vikash Mandal shot fire at him causing injury at his thigh, when his Mausi, namely, Sabujba Devi rushed to save him, she was also assaulted by Sunil Mandal, son-in-law of Laln Mandal by means of gun shot, who died on the spot.

Patna High Court Cr.Misc. No.19617 of 2016 (2) dt.10-05-2016 2/2 Learned counsel for the petitioners submits that both the petitioners are named in the F.I.R., but petitioner no. 1 is said to be the member of the mob, whereas petitioner no.2 is said to be the instructor without any overt act. The petitioners are in custody since 19.02.2016 and 29.02.2016, respectively. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Lakhisarai in connection with Lakhisarai P.S. Case No. 592 of 2015. Out of two sureties, one surety must be the parents/close relative of the petitioners, who will file an affidavit showing his relation with the petitioners. (Rajendra Kumar Mishra, J) manish/- U T