Pinka Mandal @ Pinku Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27940 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Pinka Mandal @ Pinku Mandal Son of Rajkishore Mandal @ Timmal Mandal @ Rajkumar Mandal Resident of Village - Paria, Police Station - Bariarpur, District - 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. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 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 of which he sustained injuries.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due

Patna High Court CR. MISC. No.27940 of 2025(2) dt.29-04-2025 2/3 to previous enmity. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. Learned counsel for the petitioner also submits that there is general and omnibus allegation levelled against the petitioner. He further submitted that informant is not the eyewitness 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 16.08.2024 and has three criminal antecedents. Similarly situated co-accused person has been enlarged on bail by this Court vide order dated 28-02-2025, passed in Cr. Misc. No. 21 of 2025.

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, claim based on parity 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 the like amount each to the satisfaction of Court below/concerned Court in connection with Bariarpur P.S. case

Patna High Court CR. MISC. No.27940 of 2025(2) dt.29-04-2025 3/3 No. 15 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T