Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36552 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Pappu Mandal son of Bhagwat Mandal, resident of village- Mushari, Pannuchak, Kamlakund, Babu Tola, P.S.- Kahalgaon (Ghogha), District- Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Anand For the Opposite Party : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Petitioner is languishing in custody since 10.03.2014 in a case registered for the offences punishable under Sections 302/34 of the I.P.C and Section 27 of the Arms Act.

It is alleged that petitioner was sleeping with the son of the informant. At the midnight the petitioner raised alarm that blood is oozing out from the nose of the son of the informant. Subsequently it was found that son of the informant received gunshot injury. Hence, suspicion was raised against the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been implicated only because he failed to explain how the son of the informant received injury but the bona fide of the petitioner gets apparent from the fact that he raised alarm and no fire arm was found in his

Patna High Court Cr.Misc. No.36552 of 2014 (3) dt.06-02-2015 2/2 possession.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that informant herself is not an eye witness to the occurrence nor during investigation except suspicion nothing has been collected by the investigation agency against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Kahalgaon(Ghogha) P.S. Case No. 94 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T