Pappu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10674 of 2025 Arising Out of PS. Case No.-286 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Pappu Mandal Son of Late Sang Brashpati Mandal @ Rajpati Mandal Village -Gangapur Kachahari tola Ward No 05 PS- Alamnagar Ratwara OP, DistMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Alamnagar P.S. Case No. 286 of 2023 instituted for the offences under Sections 341, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons including the petitioner fired upon the Informant with an intention to kill him and fled away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.10674 of 2025(2) dt.21-02-2025 2/3 The date of occurrence is 03.11.2023 whereas the F.I.R. was lodged on 05.11.2023 without there being any plausible explanation for such delay which creates doubt in the prosecution case. The name of the petitioner has been transpired in this case only on the basis of suspicion. He further submits that there is no eye-witness to the alleged occurrence. Even the Informant has not mentioned specifically as to who fired upon the deceased or the e-rickshaw driver. There is no direct or specific allegation of firing against the petitioner rather the same is general and omnibus in nature. No specific overt act is also alleged against the petitioner. The petitioner has two criminal antecedents in which he is on bail and is languishing in judicial custody since 16.12.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Sanoj Singh @ Sanoj Kumar has already been granted bail by this Court vide order dated 12.11.2024 passed in Cr. Misc. No. 79617 of 2024. One Bikash Kumar Singh has also been granted bail by this Court vide order dated 16.12.2024 passed in Cr. Misc. No. 85627 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.10674 of 2025(2) dt.21-02-2025 3/3 and considering the entire facts and circumstances of the case, there being no specific or direct allegation of firing against the petitioner, the period of custody of the petitioner as also the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamnagar P.S. Case No. 286 of 2023. (Rudra Prakash Mishra, J) rishi/- U T