Jitendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38920 of 2021 Arising Out of PS. Case No.-621 Year-2020 Thana- AMARPUR District- Banka ====================================================== JITENDRA MANDAL S/O RAMSWAROOP MANDAL R/o villageSaheshpur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 26.12.2020, seeks regular bail in connection with Amarpur P.S. Case No. 621 of 2020 registered for offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution story in brief is that niece of the informant, aged about 8 years had sustained fire-arm injury. Learned counsel appearing on behalf of the petitioner submits that Petitioner has clean antecedent and due to dirty village politics his name has been roped in the present case. From the injury report it would appear that injury is simple in

Patna High Court CR. MISC. No.38920 of 2021(6) dt.30-03-2022 2/3 nature caused by fire-arm but doctor has not found any burn injury due to assault of fire-arm. Petitioner is in custody since 26.12.2020. Petitioner is ready to abide by any terms and conditions imposed by this Court.

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

Considering the nature of injury as well as period of custody of the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 621 of 2020 subject to the following conditions:

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

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.38920 of 2021(6) dt.30-03-2022 3/3 (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T