Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44218 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -KODHA District- KATIHAR ====================================================== Santosh Mandal Son of Sivan Mandal, R/o Village- Chapai, P.S.- K. Nagar (Maranga), District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. Petitioner is in custody in connection with Kohra P.S. Case No. 114 of 2017 for an offence under sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioners submits that there is no eye-witness to the incident. There is nothing specific against this petitioner in the FIR except that he is one of the members of the mob. He submitted that similarly circumstanced other persons who have been even seen fleeing away from the place of occurrence, have been even granted anticipatory bail by this court. The case of the petitioner is similar to other co-accused who has been granted anticipatory bail vide order dated 24.8.2017 in Cr. Misc. No. 31724 of 2017 similarly circumstanced other co-accused Kuldeb

Patna High Court Cr.Misc. No.44218 of 2017 (2) dt.20-09-2017 2/2 Mandal was granted regular bail vide order dated 31.8.2017 in Cr. Misc. No. 39091 of 2017.

Considering the fact this petitioner was seen fleeing away from the place of occurrence and similarly circumstanced with similar allegation have been granted by this court on the ground of parity, I am inclined to enlarge the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No. 114 of 2017 on the condition that one of the bailors should be family members of the petitioner and the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T