Kundan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27956 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Kundan Mandal Son of Anil Mandal Resident of vill Paria PS Bariarpur Distt Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bariarpur P.S. case No. 15 of 2024 instituted for the offences under Sections 341, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, five accused persons including this petitioner started firing on the nephew of informant, as a result

Patna High Court CR. MISC. No.27956 of 2024(2) dt.18-04-2024 2/3 of which he sustained injuries.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to previous enmity. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner, rather the specific allegation of firing has been levelled against co-accused Govind Mandal, Pinka Mandal and Anil Mandal. He further submitted that informant is not the eye-witness to the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.01.2024 and has one criminal antecedent but he is on bail in that case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation against this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.27956 of 2024(2) dt.18-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bariarpur P.S. case No. 15 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T