Mundrika Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.20405 of 2015 (5) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20405 of 2015 Arising Out of PS.Case No. -396 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Mundrika Mandal son of Khyali Mandal, R/o Village- Basudev Bishanpur, P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s Mr. Smt.Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 07.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is named in the first information report but informant does not appear to be an eye-witness of alleged occurrence. Moreover, at para 29 of the case diary, statement of deceased was recorded by the Investigating officer under section 161 of the Cr.P.C and in the said statement, deceased stated in respect of the petitioner to this extent that prior to alleged occurrence, he along with the petitioner went to the shop of one Badri Mandal where he as well as petitioner took wine and in the meantime, other accused opened fire on him.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the statement of the deceased recorded at para 29 of the case diary, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two

Patna High Court Cr.Misc. No.20405 of 2015 (5) dt.07-12-2015 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case no. 396/2013.

shahid (Hemant Kumar Srivastava,J) U T