Gajadhar Kapri @ Gajadhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38575 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -EKCHARI District- BHAGALPUR ====================================================== Gajadhar Kapri @ Gajadhar Mandal .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal, Adv. For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2015 Heard both sides.

The petitioner seeks bail in Ekchari P.S. Case no. 12/2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The petitioner is of course named in the FIR along with nine other accused persons. Widow of the deceased made omnibus and general allegation that all the accused persons made indiscriminate firing and killed her husband. They took the dead body of her husband. The informant became unconscious on 22.07.2014 and she got consciousness on 24.07.2014. Thereafter lodged this case.

It is submitted that it creates a reasonable doubt about the veracity of the person of the informant. The informant is an eyewitness of the occurrence. Similarly situated co-accused Sukhari

Patna High Court Cr.Misc. No.38575 of 2015 (2) dt.04-09-2015 2/2 Mandal and Naresh Mandal have been enlarged on bail. Sukhari Mandal has been enlarged by this Court and Naresh Mandal has been granted bail by the learned court below. The case of the petitioner stands exactly on the same footing. Except that the petitioner has got criminal antecedent. The petitioner is in jail since 03.03.2015.

Considering the facts aforesaid, the petitioner above named is directed to 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 Md. Salin, Judicial Magistrate 1st Class, Bhagalpur, in connection with Ekchari P.S. Case no. 12/2014. (Prabhat Kumar Jha, J.) Rakhi/- U T