Ghanshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9234 of 2023 Arising Out of PS. Case No.-9 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Ghanshyam Mandal Son Of Late Chhatish Mandal Resident Of Village - Badia, P.S.- Barhara, District - Purnea.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case in nutshell is that while the son of informant was going to Bihariganj, he was shot dead. It is further alleged that informant's son was the informant in the case of his wife and due to this there is strong suspicion that in order to wipe off the evidence, he has been murdered by F.I.R. named

Patna High Court CR. MISC. No.9234 of 2023(3) dt.17-05-2023 2/3 accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged offence. His name sprang up in this case on the confessional statement of Ranjit Mandal. It is also submitted that petitioner is languishing in judicial custody since 05.05.2022. Similarly situated several coaccused persons have been granted bail by different coordinate Benches of this Court. (Annexure 2 series). Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Supplementary Barhara

Patna High Court CR. MISC. No.9234 of 2023(3) dt.17-05-2023 3/3 (Raghubansh Nagar) P.S. Case No. 09 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Purnea.

(Sunil Kumar Panwar, J) Nirajkrs/- U T