Viraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12604 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== VIRAJ MANDAL Son of Late Rupnarayan Mandal Resident of VillageRohua, P.S.- Shyampur Bhatha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the petitioner and other coaccused persons on two motorcycles opened fire and shot dead the brother of the informant. The occurrence took place in the background of land dispute with co-accused Vinay Kumar Singh and it is alleged that he and other co-accused persons threatened

Patna High Court CR. MISC. No.12604 of 2023(2) dt.25-04-2023 2/3 to kill the informant's brother.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is no allegation of firing against the petitioner rather specific allegation of firing is against coaccused Nitish Kumar Singh @ Chhotu Singh and Amit Kumar Singh due to which the informant's brother died. There is no specific overt act against the petitioner. Only on the basis of suspicion, the petitioner has implicated in the present case. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 03.04.2023 passed in Cr. Misc. No. 65723 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.12604 of 2023(2) dt.25-04-2023 3/3 Sessions Judge, Sheohar/ concerned Court in connection with Shyampur Bhatha P.S. Case No. 124 of 2022.

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