Patna High CourtCR. MISC./7899/2024allowed

Funtoosh Mandal @ Funtoosh Kumar v. The State Of Bihar

2024-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7899 of 2024 Arising Out of PS. Case No.-127 Year-2021 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Funtoosh Mandal @ Funtoosh Kumar Son Of Mantu Mandal Resident Of Village-Kodrabhitta Athgama, P.S.-Bihpur, Distict-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 302/504 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Jodindar Mandal, who

Patna High Court CR. MISC. No.7899 of 2024(2) dt.17-02-2024 2/2 shot fired upon the deceased, due to which he died. There is no specific overt act against the petitioner of firing. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Akbarnagar P.S. Case No. 127 of 2021.

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