Patna High CourtCR. MISC./25802/2018bail granted

Awdhesh Mandal v. The State Of Bihar

2018-05-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25802 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================

1. Awdhesh Mandal, Son of Gore Mandal @ Gore Lal Mandal, Resident of Village- Kalyan Tola, Police Station- Bariarpur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, specific allegation is against co-accused Sikandar Mandal to have caused firearm injury to the husband of the informant. Thereafter, the injured fell down and other accused persons including the petitioner indiscriminately fired causing his death.

Learned counsel for the petitioner submits that the post mortem vide Annexure-2 would reveal that only two firearm injuries were found by the Doctor. One is specific against co-accused Sikandar Mandal and thereafter there is general and

Patna High Court Cr.Misc. No.25802 of 2018 (2) dt.01-05-2018 2/2 omnibus allegation against five persons. Co-accused Gore Mandal has been allowed bail by a Coordinate Bench of this Court vide order dated 06.04.2018 passed in Cr. Misc. No. 14403 of 2018 (Annexure-3).

Considering the aforesaid fact, especially, the general and omnibus nature of allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 68 of 2018 arising out of Bariyarpur Police Station Case No. 101 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Sanjeev U T