Patna High CourtCR. MISC./22099/2024bail granted

Bulet @ Rakesh Kumar Mandal v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22099 of 2024 Arising Out of PS. Case No.-470 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== BULET @ RAKESH KUMAR MANDAL Son of Rambilash Mandal @ Ghairu Mandal Resident of Village-Baisi, Police Station-Rangra O.P., District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No.600 of 2023, arising out of Bihpur (Bhawanipur) P.S. Case No.470 of 2022 lodged under section 302, 120B/34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against five named and 4-5 unknown accused persons against whom there is allegation that the petitioner and two other co-accused persons have fired by pistol upon the informant and one Sanjiv Kumar, in result the Sanjiv Kumar died and informant injured.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22099 of 2024(3) dt.10-05-2024 2/3 petitioner is innocent and has committed no offence. He submits that the petitioner has been made accused only due to enmity with other persons due to political rivalry.

5. Counsel also submits that the petitioner is in custody since 10.04.2023 having two criminal antecedent in which he is on bail and charge-sheet has been submitted in this case.

6. Counsel also submits that the other co-accused persons have been granted bail by this Court and Co-ordinate Bench of this Court vide order dated 19.03.2024 passed in Cr. Misc. No. 78083/2023 and vide order dated 12.02.2024 passed in Cr. Misc. No.74338/2023.

7. Upon specific query whether charge has been framed or not. Counsel for the petitioner submits that he is not aware about the framing of charge.

8. Learned counsel for the State opposes the prayer for bail.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, 3 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.22099 of 2024(3) dt.10-05-2024 3/3 each to the satisfaction of learned 2nd Addl. Sessions Judge at Naugachia, Bhagalpur in connection with S.Tr. No.600 of 2023, arising out of Bihpur (Bhawanipur) P.S. Case No.470 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T