Bihari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33573 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== BIHARI MANDAL Son of Dhaneshwar Mandal Resident of village - Narar Than Tol, P.S. - Kaluahi, Distt. - Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120(B) of the Indian Penal Code and 27 of Arms Act.

3. Prosecution case, in brief is that on 17.02.2023, accused Rupesh Mandal, Akhilesh Chaupal and Rudal Chaupal fired upon the son of informant, namely, Ritesh (deceased) as a result of which he sustained several injuries and thereafter he was taken to hospital where he was declared dead.

4. There is no allegation of any overt act against this petitioner. As per F.I.R this petitioner is only alleged to conspirator. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

Patna High Court CR. MISC. No.33573 of 2023(2) dt.25-07-2023 2/2

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Madhubani, Dist- Madhubani, in connection with Kaluahi P.S. case no 33 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T