Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60298 of 2018 Arising Out of PS. Case No.-18 Year-2016 Thana- GOPALPUR District- Bhagalpur ====================================================== Upendra Mandal son of Late Malhu Mandal resident of Village- Sadhua Police Station Gopalpur (Rangra) District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey For the Opposite Party/s :

Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Gopalpur (Rangra) P.S. Case No. 18 of 2016 registered for the offence punishable under Sections 147, 148, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against petitioner is that while informant was milking his buffalo, the petitioner alongwith other accused persons came variously armed with weapons and started indiscriminate firing in which bullet fired by Bhagta Mandal hit the informant on right side of stomach and he fell down on the ground. There is only allegation against petitioner is that he took away Rs. 20,000/- from the pocket of the informant. There is no

Patna High Court Cr.Misc. No.60298 of 2018(2) dt.11-10-2018 2/3 allegation of firing upon the petitioner. Co-accused persons namely, Bhakta Mandal @ Bhagta Mandal and Khesra Mandal have been granted bail by this Hon'ble Court as contained in Annexure-2 series. Petitioner has no criminal antecedent and he is in custody since 22.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IIIrd A.C.J.M., Naugachia, Bhagalpur, in connection with Gopalpur (Rangra) P.S. Case No. 18 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.60298 of 2018(2) dt.11-10-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T