Raja Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21539 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -DHOLBAJJA District- BHAGALPUR ======================================================
1. Raja Mandal S/o Umesh Mandal, R/o Village- Lakshminia (Kadwa), P.S.- Kadwa, O.P.- Dholbajja, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv For the Opposite Party/s : Mr. Sri Parmanand Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 447, 341, 326, 307, 504, 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code and Section 27 of the Arms Act was also added.
According to FIR, the petitioner caused firearm injury to the informant on 16.09.2017. The informant got treatment and was discharged on 03.11.2017. Thereafter, he died on 05.11.2017.
Submission of the learned counsel for the petitioner is that there is no other eye witness of the occurrence. Even if the prosecution allegation is assumed to
Patna High Court Cr.Misc. No.21539 of 2018 (5) dt.30-07-2018 2/2 be correct, only a case of attempt to commit murder is made out. Moreover, in absence of postmortem report, it cannot be said that the death was result of the injury caused by the petitioner. Petitioner is in custody since 18.09.2017. Considering the aforesaid facts, let the petitioner, above named, be released on bail after completion of one year of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dholbajja (Kadwa) Police Station Case No.64 of 2017, G.R.No.1190 of 2017 subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T