Girish Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.37272 of 2016 (4) dt.28-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37272 of 2016 Arising Out of PS.Case No. -99 Year- 2014 Thana -KHARAGPUR District- MUNGER ======================================================

1. Girish Mandal Son of Late Hari Lal Mandal resident of Village- Naki, P.S.- Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Sinha For the Opposite Party/s Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 28.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 and other minor sections of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the first information report but in course of investigation vide paras 7, 8 etc some eye-witnesses claimed to have seen the petitioner and others. The aforesaid witnesses claimed that it was co- accused Bablu Mandal @ Bablu Kumar who shot fire on the deceased. Co- accused Bablu Mandal @ Bablu Kumar has already been granted privilege of bail by a coordinate bench of this court and even if the statements of so-called eye-witnesses are taken into consideration, then also, no specific overt-act has been attributed against the petitioner.

Accordingly, petitioner is directed to be released on bail on

Patna High Court Cr.Misc. No.37272 of 2016 (4) dt.28-11-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Munger in Kharagpur P.S. Case no. 99/2014. shahid (Hemant Kumar Srivastava,J) U T