Mangal Bind @ Mangal Prasad @ Mangal Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46665 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- DANIYAWAN District- Patna ====================================================== Mangal Bind @ Mangal Prasad @ Mangal Jamadar Son Of Baran Bind Resident Of Vill- Ismailpur, P.S.- Daniyawan, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2024 Heard learned counsel for the parties.

2. The petitioner seeks regular bail, who is in custody in connection with Daniyawan P.S. Case No. 79 of 2024 registered for the offences punishable under Sections 307, 188, 326 and 349 of the Indian Penal Code, Sections 9 and 11 of the Loudspeaker Act and Section 27 of the Arms Act.

3. Allegedly in course of marriage ceremony of the daughter of the petitioner some unknown persons made celebratory firing due to which one Deepu Kumar has sustained firearm injury.

4. Learned advocate for the petitioner contended that from the narrative of the FIR it is evident that only because of the fact that the marriage was solemnized in the house of the petitioner, his name has been implicated in this case. The allegations of firing is made against unknown persons. The person who has

Patna High Court CR. MISC. No.46665 of 2024(2) dt.10-07-2024 2/2 sustained injury has not lodged any FIR rather the FIR has been lodged by the Choukidar of the village. It is next contended that even as per the allegation taken to be true no case much less under Sections 326 and 307 of the Indian Penal Code is made out. The petitioner is a man of fair antecedent and is in custody since 21.04.2024.

5. On the other hand, learned counsel for the State opposed the bail application and submits that the celebratory firing is completely prohibited and the allegation revolves against the petitioner.

6. Regard being had to the submissions made on behalf of the parties and considering the narrations made in the FIR which specifies that the allegation of firing is made against unknown person coupled with the fact that the petitioner is a man of fair antecedent and is in custody for more than three months, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M 1st, Class, Patna City in connection with Daniyawan P.S. Case No. 79 of 2024.

(Harish Kumar, J) Prakash/- U