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Patna High CourtCR. MISC./20231/2023allowed

Anmol Mandal v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20231 of 2023 Arising Out of PS. Case No.-1034 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Anmol Mandal S/O Makhkhan Mandal Resident Of Village- Bhelwa, P.S.- Madhepura, District- Madhepura.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== With Criminal Miscellaneous No. 21034 Of 2023 Arising Out Of Ps. Case No.-1034 Year-2022 Thana- Madhepura District- Madhepura ====================================================== Ehsan Ansari Son Of Md. Jamir Uddin Ansari R/V- Bhelwa P.S- Madhepura Dist- Madhepura ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20231 of 2023) For the Petitioner/s :

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

Mr.Uday Chand Prasad (In CRIMINAL MISCELLANEOUS No. 21034 of 2023) For the Petitioner/s :

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

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections

Patna High Court CR. MISC. No.20231 of 2023(2) dt.19-05-2023 2/3 302, 216, 34 of the IPC and Section 27 of the Arms Act. As per FIR, the allegation against the petitioners along with co-accused persons is that they fired upon the informant's friend due to which his friend died on the spot. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. There is no specific allegation of open fire attributed against the petitioners rather general and omnibus allegation attributed against them. The specific allegation of shot firing is against co-accused, namely, Amit Ram. It is further submitted that the petitioners are languishing in judicial custody since 08.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Madhepura P.S. Case No. 1034 of 2022 on furnishing bail

Patna High Court CR. MISC. No.20231 of 2023(2) dt.19-05-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura.

(Sunil Kumar Panwar, J) Manishkumar/- U T