Naresh Mohan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2763 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -BARHARA District- PURNIA ====================================================== Naresh Mohan Mandal, son of Late Biranchi Mandal, resident of Kailu Tola, Sukhsena, P.S. Barhara Kothi, District Purnea .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Dr. Bidhu Ranjan For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with Special SC/ST Case No. 120 of 2017, arising out of Barhara P.S. Case No. 135 of 2017 registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code, 27 of the Arms Act and 3(i)(x) of SC/ST Act and for setting aside the order dated 25.8.2017 passed by 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Purnea.

Allegation against the several accused persons, including the appellant is of firing on the informant.

Submission of learned counsel for the appellant is that none has received injury and appellant has falsely been implicated in this case and he is in custody since 16.8.2017. Further

Patna High Court CR. APP (SJ) No.2763 of 2017 (2) dt.21-09-2017 2/3 submission is that co-accused persons have been granted bail by this Court in Cr.Appeal(SJ) No. 2677 of 2017, vide order dated 14.9.2017.

Learned Special P.P. could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, this appeal is allowed and the impugned order is set aside.

Let appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Purnea, in connection with Special SC/ST Case No. 120 of 2017, arising out of Barhara P.S. Case No. 135 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear

Patna High Court CR. APP (SJ) No.2763 of 2017 (2) dt.21-09-2017 3/3 without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U