Raj Kumar Mandal (Yadav) @ Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11395 of 2019 Arising Out of PS. Case No.-376 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== RAJ KUMAR MANDAL (Yadav) @ RAJ KUMAR MANDAL Son of Late Chit Narayan Mandal Resident of Village- Laskari, Police StationUdakishunganj, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Udakishunganj P.S. Case No. 376/2018, instituted for offences under Section(s) 302, 379 and 34 of the Indian Penal Code read with Section 27 of Arms Act.

Learned counsel for the petitioner has submitted that there is no allegation of specific overt act against this petitioner of causing firearm injury to the deceased.

In the written report, there is specific allegation that on the date of occurrence Basant Yadav @ Bucho Yadav fired upon the husband of informant from close range causing firearm injury to him. There is allegation that other accused, namely,

Patna High Court CR. MISC. No.11395 of 2019(2) dt.26-02-2019 2/2 Amit Yadav along with 4-5 unknown accused persons made firing and took away articles from the possession of husband of informant.

Petitioner is father of co-accused Basant Yadav @ Bucho Yadav. There is general and omnibus allegation that the petitioner was found running from the place of occurrence. Petitioner is in custody since 18.12.2018 having clean antecedent.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Assistant Chief Judicial Magistrate, Udakishunganj, Madhepura, in connection with Udakishunganj P.S. Case No. 376/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T