Shrawan Kumar Mandal @ Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37804 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Shrawan Kumar Mandal @ Shrawan Kumar, aged about 40 years, Male, S/o Late Satlal Mandal R/o Village- Janmahmadpur, P.S. Kahalgaon, Dist. Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar, Advocate For the Opposite Party :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gopalpur (Rangra) P.S. Case No. 625 of 2022 dated 14.12.2022, instituted for the offence punishable under Sections 302 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on 13.12.2022, the informant along with his brother (deceased) went to market where four accused persons attacked informant's brother and fired several gun-shots, which resulted in his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in

Patna High Court CR. MISC. No.37804 of 2023(2) dt.07-07-2023 2/2 the F.I.R.. The name of the petitioner transpired in this case only on the basis of confessional statement of another co-accused, namely, Subodh Mandal. There is no cogent material against the petitioner in the case diary. Lastly, it has been submitted that the petitioner is in custody since 25.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-3rd, Naugachia, Bhagalpur in Gopalpur (Rangra) P.S. Case No. 625 of 2022.

(Khatim Reza, J) Gaurav Kumar/- U