Sudhir Mandal @ Subba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47154 of 2015 ======================================================

1. Sudhir Mandal @ Subba Son of Suresh Mandal resident of Village Maksaspur , P.s Kasim Bazar, District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The instant application has been filed to modify the order dated 03.08.2015 passed in cri. Misc. No. 23618/15 wherein the petitioner was directed to be released on bail after framing of charge with conditions but up till now charge has not been framed resulting, the petitioner is suffering in custody whereas, similarly situated other co-accused namely, Krishna Sharma, Guddu Mian and Niraj Sah have been allowed bail. The only allegation against the petitioner is that he pushed the informant who fell down and there is no allegation of firing.

The learned A.P.P. fairly submits that allegation of firing is against Pawan Mandal and Gholta Mandal.

Patna High Court Cr.Misc. No.47154 of 2015 (3) dt.14-12-2015 2/2 In the facts and circumstances, the order dated 03.08.2015 passed in Cri. Misc. No. 26108/15 is hereby modified to the extent that the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- with four conditions as mentioned in the earlier order dated 03.08.2015. Accordingly, the order dated 03.08.2015 is hereby modified and this Criminal Misc. is allowed.

(Jitendra Mohan Sharma, J) sushma/- U