Patna High CourtCR. MISC./612/2018bail granted

Manoj Mandal And ANR v. The State Of Bihar

2018-01-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.612 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Manoj Mandal Son of Late Dhanuki Mandal

2. Pramod Mandal Son of Late Shiv Mandal Both Resident of VillageMirganj P.S.-Gogari, District-Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Gogari P.S.Case No. 321 of 2017 registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that no occurrence as alleged ever took place. The informant has instituted the case on account of the fact that the brother of the petitioner no.1 had earlier instituted a criminal case vide Gogari P.S.Case No. 314 of 2017 against the informant. He submitted that the informant is inimical to the petitioners from before and just in order to put pressure upon the brother of petitioner no.1 the instant case has been instituted.

Patna High Court Cr.Misc. No.612 of 2018 (2) dt.11-01-2018 2/2 Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioner. He submitted that there is allegation that the petitioners opened fire but the same did not cause any injury to the informant. Be that as it may, considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S.Case No. 321 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T