Kishan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6333 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== KISHAN MANDAL Son of Satrughan Mandal Resident of Village - Bajraha, Police Station - Alam Nagar, District - Madhepura at Present Resident of Village -Kazi Koraiya, P.S-Kharik, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 08-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the FIR named accused, including the petitioner and 4-5 unknown persons is to have killed the son of the informant in his marital house by firearm. Further allegation is that Kishan Mandal (petitioner) had illicit relation with the wife of the deceased.

Patna High Court CR. MISC. No.6333 of 2020(4) dt.08-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to village politics and family dispute. The petitioner is cousin of the deceased. There is no eye witnesses of the occurrence and merely on the basis of suspicion, petitioner has been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 18.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Alamnagar (Ratwara) P.S. Case No. 17 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.6333 of 2020(4) dt.08-06-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T