Patna High CourtCR. MISC./42151/2024allowed

Mandeep Kumar v. The State Of Bihar

2024-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42151 of 2024 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== Mandeep Kumar Son of Gopal Rai Resident of Village - Amnabad, P.S.- Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Ms. Sunidhi Vimal, Adv.

For the Opposite Party/s :

Mrs. Indiwar Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2024 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have fired upon the deceased.

4. Learned Senior counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no eye-

Patna High Court CR. MISC. No.42151 of 2024(3) dt.06-09-2024 2/2 witness in the present case, only on the basis of suspicion the petitioner has been made accused in the present case. Similarly situated co-accused, namely, Amir Lal Rai @ Amir Rai has been enlarged on regular bail by a co-ordinate bench of this court vide order dated 28.08.2023 passed in Cr. Misc. No. 27245 of 2023. The petitioner has three criminal antecedent and has been languishing in custody since 03.04.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that similarly situated co-accused has been granted regular bail by a co-ordinate Bench of this Court, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bihta P.S. Case No. 678 of 2022.

(Anjani Kumar Sharan, J) anand/- U T