Jakki @ Jakki Mandal @ Abhishek Kumar Mondal v. The State Of Bihar

Patna High Court Cr.Misc. No.1594 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1594 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -HASANGANJ District- KATIHAR ====================================================== Jakki @ Jakki Mandal @ Abhishek Kumar Mondal Son of Jagdish Mandal@Vinodanand Mondal Resident of Village- Pokheria, P.S.- Hasanganj, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hasanganj P.S. Case No. 32 of 2016 registered under Section 302/34 of the Indian Penal Code.

The accusation is that, on 31.07.2016, Sanjay Sah, brother of informant, was closing his shop. At that time, two persons came there on motorcycle and shot fire through pistol at the chest of Sanjay Sah, brother of informant, who died on spot. Further allegation is that before six days, 5 to 6 persons including the petitioner along with Budhna and Budhara came at the shop of his brother and threatened of dire consequences, in that course, informant identified the petitioner along with Budhna and Budhara of village Pokhariya, P.S. Hasanganj, District- Katihar.

Patna High Court Cr.Misc. No.1594 of 2017 (2) dt.19-01-2017 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the informant raised suspicion against the petitioner and two others of having hand in the murder of brother of informant as before six days petitioner along with two others named in the F.I.R. had come at the shop and threatened of dire consequences to deceased, Sanjay Sah, brother of the informant. It is further submitted that in course of investigation, after three and half months, Madhu Devi, wife of the informant, gave her statement to the effect that on hearing sound of firing when she reached at the shop then saw petitioner along with two others named in the F.I.R. were moving there. It is further submitted that petitioner has no criminal antecedent and is in custody since 29.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Hasanganj P.S. Case No. 32 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T