Rodhan Mandal @ Raghunath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36092 of 2023 Arising Out of PS. Case No.-254 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== RODHAN MANDAL @ RAGHUNATH MANDAL SON OF LATE BAIJU MANDAL RESIDENT OF VILLAGE- SAITPURA, KULKULIYA, P.S -KAHALGAON, DISTRICT- BHAGALUPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2023 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and Mr. Shyam Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Kahalgaon PS Case No. 254/2020 dated 24.04.2020 registered for the offence punishable under Sections 302, 307/34 of the IPC and Section 27 of the Arms Act.

3. As per First Information Report, the petitioner along with one Bishnu Mandal caught hold the brother of the informant and co-accused, Dhruplal Mandal fired upon the brother of the informant due to which he sustained bullet injury in the stomach and died. Other co-accused fired upon the informant also due to which he sustained gun-shot injury.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.36092 of 2023(2) dt.28-06-2023 2/2 politics and altogether eight persons have been made accused in this case. The only allegation against the petitioner is that he caught hold the brother of the informant along with other coaccused Bishnu Mandal who has been granted bail by a Coordinate Bench of this Court in Cr. Misc. No. 26142/2023 vide order dated 24.05.2023. It is also submitted that petitioner having clean antecedent is in custody since 18.11.2022.

5. Having regards to the submissions made by the parties and taking into consideration the fact that similarly situated co-accused has been granted bail by a Bench of this Court, petitioner is in custody since 18.11.2022 and he has got clean antecedent, I am inclined to grant regular bail to the petitioner.

6. Accordingly, 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 15th Additional Sessions Judge, Bhagalpur in connection with Kahalgaon PS Case No. 254/2020, S.T. No. 36/2023.

(Anil Kumar Sinha, J) perwez U T