Pulish Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.24488 of 2016 (4) dt.18-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24488 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -EKCHARI District- BHAGALPUR ======================================================

1. Pulish Mandal son of Late Baulal Mandal is the resident of village- Rani Diyara, P.S.- Budhuchak, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 18.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is named in the first information report but according to the prosecution case itself, the alleged occurrence took place on 25.12.2015 and the informant's younger son narrated the entire story to the informant on the same day but the first information report was lodged on 28.12.2015 i.e. after three days of the alleged occurrence and after recovery of dead body of the deceased. Moreover, informant's younger son also does not claim himself to be eye-witness of the alleged occurrence as he had not stated who fired on the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.24488 of 2016 (4) dt.18-07-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Ekchari P.S. Case no. 30/2015.

shahid (Hemant Kumar Srivastava,J) U T