Munna Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21304 of 2020 Arising Out of PS. Case No.-209 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== MUNNA MANDAL Son of Raja Ram Mandal Resident of Village - Madhukar Chak @ Madhuka Chak, P.S.- Bihariganj, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Sanjay Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Alam Nagar (Ratwara) P.S. Case No. 209 of 2018 for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the petitioner and 11 other accused persons having committed the murder of the son of the informant when he had gone to demand money for the land. The learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.21304 of 2020(3) dt.07-09-2020 2/3 the petitioner is innocent, has been falsely implicated in the present case, is an accused in one other case in which he is on bail and he is languishing in custody since 10.12.2019. It is further submitted that no specific allegation of any sort of overt act has been levelled, as far as the petitioner is concerned. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 27.06.2019 passed in Criminal Misc. No. 38465 of 2019.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary as also considering the fact that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Bench and minuscule evidence is available as against the petitioner in the case dairy, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.21304 of 2020(3) dt.07-09-2020 3/3 satisfaction of learned A.C.J.M., Uda Kishunganj, Madhepura in connection with Alam Nagar (Ratwara) P.S. Case No. 209 of 2018.
(Mohit Kumar Shah, J) S.Sb/- U T