Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73856 of 2018 Arising Out of PS. Case No.-503 Year-2018 Thana- SUPAUL District- Supaul * ====================================================== Shankar Mandal S/o Sri Narayan Mandal @ Narayan Mandal Resident of Village- Supaul, Ward No. 26, P.S.-Supaul, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307,147,148, 149, 188, 504, 506, 324, 384 IPC and Section 27 of the Arms Act registered in connection with Supaul P.S. Case No. 503/2018.

3. It is submitted that the petitioner has been falsely implicated and the informant is an eye-witness to the alleged occurrence. It is stated in the FIR itself that several persons were firing and hence the accusation that it was the petitioner who fired at the informant's son causing injury is improbable. The petitioner claims clean antecedents.

4. From para 29 of the case diary containing the statement of the injured (informant's son) it transpires that he had come to see the commotion when he was hit in the hand by a bullet.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Supaul, in connection with Supaul P.S. Case No. 503/2018, subject

Patna High Court CR. MISC. No.73856 of 2018(3) dt.11-03-2019 2/2 to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T