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Patna High CourtCR. MISC./15575/2023allowed

Lalo Mandal @ Lalo Kumar Mandal v. The State Of Bihar

2023-05-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15575 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Lalo Mandal @ Lalo Kumar Mandal S/O Anil Mandal R/O VillageKushkipur, Simra, P.S.- Tikapatti, Distt- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16415 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Santosh Mandal @ Santosh Kumar Son Of Fakir Mandal R/V- Kushkipur, Simra, P.S.- Tikapatti, District- Purnea ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15575 of 2023) For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Gulnar Begum (In CRIMINAL MISCELLANEOUS No. 16415 of 2023) For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148,

Patna High Court CR. MISC. No.15575 of 2023(2) dt.16-05-2023 2/3 149, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are said to have fired on the husband of the informant and also snatched golden chain and Rs. 5000/- from his pocket.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. There is specific allegation against co-accused Sonu Kumar who fired upon the husband of the informant. He further submits that petitioner of Cr. Misc. No. 15575 of 2023 has no criminal antecedent and petitioner of Cr. Misc. No. 16415 of 2023 has one criminal antecedent as stated in para-3 of these applications.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.15575 of 2023(2) dt.16-05-2023 3/3 learned court below where the case is pending/successor court in connection with Gopalpur (Rangra) P.S. Case No. 10 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T