Durga @ Durga Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39288 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

DURGA @ DURGA MANDAL Son of Chhedi Mandal Resident of VillageAmapur (Jharwa), P.S.- Kahalgaon, District- Bhagalpur. 2.

Raj Kishor @ Raja @ Raja Mandal @ Raj Kishore Son of Naresh Mandal Resident of Village- Amapur, P.S.- Ghogha, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Kahalgaon P.S. Case No. 49 of 2019, instituted for the offence under Section(s) 302, 201, 120(B) of Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that informant got information that dead body of his son is lying near weigh-bridge (Dharam Kanta). The informant went there and identified the dead body of his son. The shopkeepers of the vicinity did not give any information about the person who has committed murder of his son. The informant found gun shot injury in the

Patna High Court CR. MISC. No.39288 of 2019(3) dt.20-08-2019 2/2 chest of his son.

Counsel for the petitioners submits that during investigation, police arrested the petitioners on suspicion and recorded their confessional statement. He further submits that petitioner No. 2 is own brother-in-law of the informant. There is no eye witness to the occurrence.

Petitioners are in custody since 29.1.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 49 of 2019, subject to the condition that both the bailors will be close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T