Ganga Sagar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39805 of 2023 Arising Out of PS. Case No.-449 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== GANGA SAGAR MANDAL SON OF LATE RAM IQBAL MANDAL VILLAGE BABUPUR, P.S. PIRPAINTI, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 249 of 2023 arising out of Pirpainti (Bakharpur) O.P. P.S. Case No. 449 of 2022 dated 23.12.2022 registered for the offence punishable u/s 241, 385, 387, 307, 506 of the Indian Penal Code and Section 25 (1-b), 26, 27 of the Arms Act.

Patna High Court CR. MISC. No.39805 of 2023(2) dt.12-07-2023 2/3 As per the prosecution case, when the informant along with his brother-in-law was coming to Bakharpur, the petitioner intercepted them and demanded Rs. 1000/- as ransom and fired on the brother-in-law of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. It is submitted that it is not mentioned on which part the injured sustained injury. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that a country made katta, a live and a empty cartridges were recovered from the Basa of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sessions Trial No.

Patna High Court CR. MISC. No.39805 of 2023(2) dt.12-07-2023 3/3 249 of 2023 arising out of Pirpainti (Bakharpur) O.P. P.S. Case No. 449 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T