Barun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7935 of 2025 Arising Out of PS. Case No.-328 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Barun Mandal S/o Maheshwar Mandal R/o Gangapur, P.O.- Gangapur, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s:

Mr. Mithlesh Kumar Khare, APP For the Informant/s :

Mr. Manoj Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nathnagar P.S. Case No. 328 of 2024 dated 22.08.2024 registered for the offences punishable under Sections 103(1), 351(2)(3) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, it is alleged that the coaccused Sagar Mandal and Bangtu Mandal had caught hold of the hand and leg of the informant's husband and the co-accused, Mithun Mandal fired on the head of the informant's husband due to which the informant's husband died. The petitioner and the co-accused Deepak Kumar, Varun Mandal and Vijay Mandal holding arms were standing at the door of the informant.

Patna High Court CR. MISC. No.7935 of 2025(2) dt.17-03-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation of firing against the petitioner. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court concerned, Bhagalpur in connection with Nathnagar P.S. Case No. 328 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T