Bindeshwari Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19663 of 2017 Arising Out of PS.Case No. -69 Year- 2013 Thana -SABAUR District- BHAGALPUR ====================================================== Bindeshwari Mandal Son of Chhedi Mandal, Resident of Mamalkha, P.S.- Sabour, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate. For the Opposite Party/s : Mr. Pranav Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2017 Heard both sides.
The petitioner seeks bail in Sabour P.S. Case No. 69 of 2013 registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant named nine persons including the petitioner, namely, Bindeshwari Mandal. The petitioner is alleged to have caught the son of the informant along with Mukesh Mandal, Sonelal Mandal, Pappu Mandal and Baudhi Mandal. Thereafter, Tera Mandal fired on the chest of Hakim Mandal, the son of the informant. Rohit Paswan fired on the neck of Hakim Mandal and Chhagla Mandal also fired. Thereafter, the accused persons fled away from the place of occurrence. Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.19663 of 2017 (2) dt.01-05-2017 2/2 petitioner is alleged to have caught the deceased Hakim Mandal. There is specific allegation against Tera Mandal, Rohit Paswan and Chhagla Mandal who fired causing death of Hakim Mandal. Similarly situated co-accused Pappu Mandal and Sone Lal Mandal have already been enlarged on bail vide order passed in Cr. Misc. No. 43622 of 2013 and Cr. Misc. No. 22557 of 2014. Petitioners are in jail since 28.11.2016.
Considering the facts aforesaid and the fact that similarly situated co-accused who are also alleged to have caught the deceased have already been enlarged on bail, the above named petitioner is directed to be enlarged 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 Judicial Magistrate, 1st Class, Bhagalpur in connection with Sabour P.S. Case No. 69 of 2013.
(Prabhat Kumar Jha, J) Mishra/- U T