Shushil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32003 of 2022 Arising Out of PS. Case No.-177 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== SHUSHIL MANDAL S/o Khusho Mandal Bihariganj P.S. Case No.-177/20, Ward No.-1, Post Sirsiya, P.S.-Barhara Kothi Purnia, Dist.-Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Bihariganj P.S. Case No.177 of 2020, registered for the offences punishable under Sections 307, 379 and 34 of the Indian Penal Code and Sections 25(1-b)a/26/27/35 of the Arms Act.

The petitioner and another co-accused, Shishu Mandal are said to have snatched chain and chakti from the brother of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and

Patna High Court CR. MISC. No.32003 of 2022(2) dt.15-09-2022 2/2 omnibus allegation against the petitioner. The specific allegation is against Shishu Mandal who fired upon the brother of the informant. It is also submitted that no incriminating article has been recovered either from possession of the petitioner or from his house. The name of the petitioner was added in the last paragraph of the FIR.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that there is general and omnibus allegation against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Madhepura in connection with Bihariganj P.S. Case No.177 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T