Rajesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17284 of 2022 Arising Out of PS. Case No.-408 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Rajesh Kumar Mandal S/o Ram Ratan Yadav R/o Village- Araddih, Dharampur, P.S.- Chandauti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate :

Mr. Sunil Kumar Yadav For the Respondent :

Mr. Bharat Lal :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Chandauti P.S. Case No. 408 of 2021 registered for the offence under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, petitioner alongwith other co-accused persons stopped the informant when he was returning home and when the informant tried to escape, then one Kameshwar Yadav fired at the informant which hit at the backside of the shoulder of the informant. It is submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. So far as petitioner is concerned, the allegation against him

Patna High Court CR. MISC. No.17284 of 2022(2) dt.25-05-2022 2/2 is of indiscriminate firing which did not hit the informant. It is further alleged that specific allegation is against one Kameshwar Yadav who fired at the informant which hit at the backside of the shoulder of the informant. The doctor has found only one injury of fire arm. Petitioner has no criminal antecedent and is in custody since 25.12.2021.

Learned APP and learned counsel for the informant vehemently opposes the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, clean antecedent of the petitioner and period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya in connection with Chandauti P.S. Case No. 408 of 2021.

(Prabhat Kumar Singh, J) Ankit/- U