Gulten Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37360 of 2020 Arising Out of PS. Case No.-335 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Gulten Mandal aged about 55 years (Male), Son of Radhe Shyam Mandal Resident of Village- Madhuban Teen Tenga Ward No.12, P.S.- Uda. Kishunganj, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Uda Kishunganj P.S. Case No.335 of 2019 registered for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the mother of the informant along with his younger brothers, namely, Chhaila Bihari and Subhas Kumar were sleeping at the Darwaja, she was shot dead at about 1.30 A.M. and one person was fleeing, who was seen by his brother Chhaila Bihari and on that night, there was high sound due to a Baarat party, which had come in the village.

Patna High Court CR. MISC. No.37360 of 2020(4) dt.01-11-2021 2/2 Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. He further submits that the informant had not disclosed the name of the petitioner at the time of lodging of the FIR but later on he disclosed the name of the petitioner which clearly shows that the petitioner has falsely been implicated in the present case.

However, learned APP for the State vehementally opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, in the event of his arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Uda- Kishunganj, Madhepura in connection with Uda-Kishunganj P.S. Case No.335 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) Brajesh Kumar/- U T