Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42268 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Subodh Mandal Son Of Beli Mandal Resident Of Village Baisi Ps Rangra Op, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, when the informant was going to house of his Mausi, one Sanjiv Kumar Singh had called him on mobile phone and insisted him to come at Mirkal Jalkar upon which informant went and saw that FIR named accused persons along with others 4-5 unknown persons were already present. It is further alleged that the co-accused started firing from northern side of the boat and due to aforesaid firing Sanjiv Kumar Singh died on spot and the informant also got injured due to firing. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty

Patna High Court CR. MISC. No.42268 of 2023(3) dt.07-08-2023 2/2 village politics. The petitioner is not named in the FIR rather his name was transpired in this case on the basis of confessional statement of co-accused Drup Singh who has already been granted bail by this Court vide order dt. 12.5.2023 passed in Cr. Misc. No. 18080 of 2023. From perusal of prosecution, the specific allegation against co-accused Pappu Sharma and Avdhesh Sharma, who shot fired on the deceased, due to which he died. Moreover, the petitioner is languishing in judicial custody since 15.4.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st A.C.J.M., Nauachia, Bhagalpur in connection with Bihpur(Bhawanipur) P.S. case no. 470 of 2022. (Sunil Kumar Panwar, J) Amandeep/- U T