Uday Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69187 of 2018 Arising Out of PS. Case No.-557 Year-2017 Thana- KAHALGAON District- Bhagalpur ====================================================== Uday Mandal S/o Late Madho Mandal, resident of Village- Rasalpur Ekchari, P.S. (Rasalpur) Kahalgaon, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 The petitioner seeks bail in connection with S.T. Case No. 400 of 2018 arising out of Kahalgaon (Rasalpur) P.S.Case No. 557 of 2017 registered under Sections 147, 148, 149, 302, 342 and 447 of the Indian penal Code and 27 of the Arms Act. As per the FIR, allegation is that on the order of one Pramod Mandal, Sanjeev Mandal fired on the brother of the informant and thereafter it is alleged that petitioner and three other co-accused persons have fired causing injury to Lalan Paswan.

Submission of learned counsel for the petitioner is that allegation of firing on the deceased is against Sanjeev Mandal and Lalan Paswan in his evidence in court has named Dabloo Tiwari that he has fired at him and not named this petitioner and petitioner is in custody since 03.02.2018.

Patna High Court Cr.Misc. No.69187 of 2018(2) dt.04-12-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Addl. District and Sessions Judge, Bhagalpur in connection with S.T. Case No. 400 of 2018 arising out of Kahalgaon (Rasalpur) P.S.Case No. 557 of 2017 with condition that one of the bailors shall be his close family relative and petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) sujit/- U T