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Patna High CourtCR. MISC./49521/2021bail granted

Jay Dev Mandal @ Jaydev Kumar Mandal v. The State Of Bihar

2021-11-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49521 of 2021 Arising Out of PS. Case No.-292 Year-2018 Thana- PIPRA District- Supaul ====================================================== 1.

Jay Dev Mandal @ Jaydev Kumar Mandal Son of Rajendra Mandal @ Mushahru Mandal Resident of Village - Dubiyahi, P.S.- Pipra, Distt.- Supaul.

2.

Suresh Mandal @ Khurkhun Mandal Son of Vidyanand Mandal Resident of Village - Dubiyahi, P.S.- Pipra, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-11-2021 Heard learned counsel for the parties.

Petitioners pray for grant of bail in Pipra P.S. Case No. 292 of 2018, registered for the offence under Section 307, 302 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, co-accused Ram Kumar Mandal and Jai Narayan Mandal @ Rudal fired from their pistol on the cousin brother of informant, as a result of which, he died on the spot.

It is submitted on behalf of petitioners that as per F.I.R. itself, it is apparent that specific allegation of causing firearm injury is against other co-accused persons. So far as these

Patna High Court CR. MISC. No.49521 of 2021(2) dt.24-11-2021 2/2 petitioners are concerned, they were also armed with weapon, but did not cause any injury. Similarly situated co-accused persons have been granted bail by this Court, vide orders annexed as Annexure 2 & 2 series. Petitioners have got clean antecedent and they are in custody since 23.03.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Supaul in connection with Pipra P.S. Case No. 292 of 2018. (Prabhat Kumar Singh, J.) anay U T