Vijay Mandal @ Bijay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44441 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ====================================================== Vijay Mandal @ Bijay Mandal Son of Late Chamalal Mandal Resident of Village-Aamapur P.S. Kahalgaon District-Bhagalpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
19-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Sanokhar (Amdanda) P.S. Case No. 48/2017 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner submits that from perusal of the F.I.R. it would appear that thrust of the allegation is against one Mahendra Mandal who has taken away the father of the informant. So far as the present petitioner is concerned, his name has been mentioned in the F.I.R. because of the previous enmity as admitted by the
Patna High Court Cr.Misc. No.44441 of 2017 (2) dt.19-09-2017 informant in the F.I.R. itself.
Learned counsel further submits that similarly situated accused were granted Anticipatory Bail by a coordinate Bench of this Court in Cr. Misc. No. 29374/2017 which is Annexure-3 to the present application. Learned Additional Public Prosecutor for the State opposes the prayer for bail of the petitioner but accepts the factual position as appearing from F.I.R. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, IV, Bhagalpur, in connection with Sanokar (Amdanda) P.S. Case No. 48/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T