Pawan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12806 of 2018 Arising Out of PS.Case No. -165 Year- 2017 Thana -KASIMBAZAR District- MUNGER ====================================================== Pawan Mandal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner, already in custody, seeks bail in connection with Kasim Bazar P.S.Case No. 165 of 2017, registered under Sections 147, 148, 149, 341, 302, 120 (B) of the Indian Penal Code and 27 of Arms Act.
Allegation in brief is that the mother of the informant was returning back along with his step mother then this petitioner along with other accused came on motorcycle and fired on the mother of the informant as a result of which his mother succumbed to injury.
Learned counsel for the petitioner submits that it is suspected by the informant that his mother was eliminated because
Patna High Court Cr.Misc. No.12806 of 2018 (2) dt.05-03-2018 2/2 she was a witness in the case of murder of her son and the petitioner one of the accused conspired but it is an admitted position that petitioner was in judicial custody since 20.07.2017 and there is no specific allegation of killing the informant's mother against the petitioner, rather that allegation is against Shambhu Yadav, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 02.02.2018 passed in Cr. Misc. No. 61798 of 2017 and the case of the petitioner stands on better footing.
Having considered the said facts and circumstances, let the petitioner, named above, 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 learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S.Case No. 165 of 2017.
(Arun Kumar, J) Sudha/- U T