Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39341 of 2022 Arising Out of PS. Case No.-147 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== BHOLA MANDAL SON OF LATE SURESH MANDAL R/O VILLAGELAXAMAN TOLA, P.S.- PIRPAINTI, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddhartha Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code registered in connection with Pirpainti P.S.Case No. 147 of 2021. There is specific allegation against co-accused Kailash Mandal that he fired shot on Shankar Mandal, who died. The allegation against the petitioner is that he opened fire which hit the right leg of the informant.

Patna High Court CR. MISC. No.39341 of 2022(2) dt.03-11-2022 2/3 The learned counsel for the petitioner has submitted that though there is allegation that he fired which hit the leg of the informant, but the injury of the informant has not been mentioned in the impugned order. He has submitted further that the petitioner is a person of clean antecedent and he is in custody for a period of more than one year.

On the other hand, learned APP has opposed the prayer for bail and submitted that the petitioner has fired on the person of the informant who sustained injury in his leg. Considering the above facts and circumstances and the clean antecedent as well as the period of detention, 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 ACJM-X, Bhagalpur in connection with Pirpainti P.S.Case No. 147 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to

Patna High Court CR. MISC. No.39341 of 2022(2) dt.03-11-2022 3/3 file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T