Samod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30078 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- ARARIA District- Araria ====================================================== Samod Mandal, Son of Rajendra Mandal, Resident of Village - Hirdaipur, Ward No.05, P.S.- Araria (R.S.), Dist.- Araria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Araria (R.S.) P.S. Case No.246 of 2019 registered under Sections 147, 148, 149, 341, 323, 324, 307 and 353 of the Indian Penal Code, sections 30(a), 38, 41(1) of the Bihar Prohibition and Excise Act, 2016 and Section 27 of the Arms Act.
It is submitted by the learned counsel for the petitioner that save and except recovery of six bottles of English wine containing 180 ml each from haystack of the petitioner, there is no other material to connect him with the offence alleged. The thrust of accusation of firing has been made against co-accused Sanjit Chauhan and Manikchand Mandal, whereas the accusations against as many as 9 named and 100 unknown
Patna High Court CR. MISC. No. 30078 of 2019(2) dt.23-05-2019 2/3 persons including the petitioner are general and omnibus in nature. There is no injury report on record to corroborate the accusation of assault. The wife of the petitioner Sugiya Devi who has also been made named accused has alerady been granted bail by a Bench of this Court vide order dated 13.05.2019 passed in Cr. Misc. No.30510 of 2019. Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.
Considering the above submissions, the petitioner, who has been remanded to judicial custody on 26.03.2019, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Araria (R.S.) P.S. Case No.246 of 2019 corresponding to Special Case No.478 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;
(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any
Patna High Court CR. MISC. No. 30078 of 2019(2) dt.23-05-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (Ashwani Kumar Singh, J) Sanjeet/- U T