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Patna High CourtCR. MISC./1754/2017bail granted

Manoj Jaiswal v. The State Of Bihar

2017-01-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1754 of 2017 Arising Out of PS.Case No. -44 Year- 2003 Thana -BARHARA District- PURNIA ====================================================== Manoj Jaiswal, son of Mahendra Jaiswal, residents of village-Bihariganj, P.S. Bihariganj, District-Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barhara P.S. Case No.44 of 2003 registered under Sections 147, 148, 149, 323, 307, 302 and 447 of the Indian Penal Code besides Sections 25(1A), 26 and 27 of the Arms Act. The accusation is that 13 persons, named in the F.I.R., including the petitioner variously armed reached at the field of the informant where Bijli Mandal shot fire through three nut causing firearm injury at Murli Mandal, the son of the informant, who died on the spot.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is said to be member of mob but

Patna High Court Cr.Misc. No.1754 of 2017 (2) dt.19-01-2017 2/2 no specific overt act has been attributed to him. The specific allegation is against the co-accused Bijli Mandal to shot fire at Murli Mandal, the son of the informant, who died on the spot. The petitioner having no criminal antecedent is in custody since 28.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-V, Purnia, in connection with Barhara P.S. Case No.44 of 2003/Sessions Trial No.355 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T