Kuleshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15657 of 2020 Arising Out of PS. Case No.-372 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== KULESHWAR MANDAL Son of Late Jageshwar Mandal Resident of Village- Sarauni Kala, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the husband of the informant was returning from a party, the accused persons, variously armed, fired at him due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The allegation of assault is against co-accused namely Navin Mandal, Mukesh

Patna High Court CR. MISC. No.15657 of 2020(2) dt.06-03-2020 2/2 Kumar Munna and Nawal Yadav. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Sri Abhimanyu Kumar, J.M. 1st Class, Uda Kishunganj, Madhepura in connection with Bihariganj P.S. Case No. 372 of 2019. (Sudhir Singh, J) Pankaj/- U T