Gore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14403 of 2018 Arising Out of PS. Case No.-101 Year-2017 Thana- BARIYARPUR District- Munger ====================================================== Gore Mandal S/o Late Tiloki Mandal, R/o Village- Sakhara Tola Kalyan Tola, P.S.- Bariyarpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Bariyarpur P.S. Case No. 101 of 2017 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the wife of deceased who in her written complaint has stated that while she and her deceased-husband crossed the river to graze the buffalo, she was cutting the grass and her deceased-husband was with buffalo then Sikandar Mandal and his other associates came there and prevented them from cutting the field upon which her deceased-husband said that it was not their field, upon which on the order of Bauni Mandal, Sikandar Mandal fired on her deceased-husband and he

Patna High Court Cr.Misc. No.14403 of 2018(3) dt.06-04-2018 2/3 fell on the ground and died there. Thereafter all other accused named in the FIR discriminately fired upon her husband and thereafter they tied his body from the boat and tried to flee away alongwith the boat, when police came Sikandar Mandal was arrested and on the written complaint by the informant FIR was registered at 10:00 pm in the night.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in this case and there are general and omnibus allegation against all other accused except Sikandar Mandal and only two bullet injuries have been found on the person of the deceased. It has been further submitted that the petitioner has got clean antecedent and he is in custody since 08.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Munger, in connection with Bariyarpur P.S. Case No. 101 of 2017.

(S. Kumar, J) ranjan/- U

Patna High Court Cr.Misc. No.14403 of 2018(3) dt.06-04-2018 3/3