Khokho Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8832 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -CHAUSA District- MADHEPURA ====================================================== Khokho Mandal Son of Late Bhuthi Mandal, Resident of Village - Parbatta, P.S. - Chousa (Falaut), District - Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Kalayan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody since 23.12.2015 in connection with Chousa P.S. Case No. 117 of 2015 registered for the offences punishable under Sections 147, 148, 149, 448, 380, 307 & 504 of the Indian Penal Code and Sections 25 (1-b) a, 26, 27, 35 of the Arms Act.
It is alleged by the informant that when he was getting his paddy crop prepared at his darwaja, Mahendra Mandal and Khokho Mandal along with 5-6 persons armed with weapons entered into his house and after breaking the almira took out cash of Rs.50,000/- and snatched gold ear ring and necklace. On being alarm raised by the labourer of the informant, his son, nephew and brother rushed there and accused Mahendra Mandal in course of
Patna High Court Cr.Misc. No.8832 of 2016 (2) dt.18-03-2016 2/2 fleeing away fired which hit on the right leg of the informant and he fell down.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case by the informant due to enmity and personal grudge. It is further submitted that the petitioner is named in the F.I.R but there is no any specific allegation of firing as well as assaulting against him while there is specific allegation against co-accused Mahendra Mandal who fired upon which informant got injured.
Considering the aforementioned facts and circumstances of the case as also that the petitioner has no criminal antecedent, let the petitioner above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj at Madhepura, in connection with Chousa P.S. Case No. 117 of 2015.
(Gopal Prasad, J) kunal/- U T