Jhingo Mandal @ Maheshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77626 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- ISMAILPUR District- Bhagalpur ====================================================== Jhingo Mandal @ Maheshwar Mandal S/o Late Garbhu Mandal, R/o vill.- Chotti Parbatta, P.S.- Ismailpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ismailpur P.S. Case No. 38 of 2018 registered for the offence punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and 27 of Arms Act. Informant has alleged that on 25.08.2018 at 4:00'o clock all FIR named accused persons including petitioner made indiscriminate firing, causing injury to the brother of informant who subsequently died during course of treatment. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to civil dispute between the parties. There is general and omnibus allegation against petitioner. It has been further submitted that

Patna High Court Cr.Misc. No.77626 of 2018(3) dt.07-02-2019 2/2 similarly placed co-accused, namely, Rabindra Mandal and Babloo Mandal have been granted bail by a co-ordinate Bench of this Court vide order dated 18.01.2019 passed in Cr. Misc. No. 75199 of 2018. Petitioner is in custody since 23.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Navgachia, DistrictBhagalpur, in connection with Ismailpur P.S. Case No. 38 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T