Mukul Mandal @ Sukul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54526 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Mukul Mandal @ Sukul Mandal Son Of Late Shivnarayan Mandal R/O Village- Mirzapur, P.S.- Ghogha (Kahalgaon), 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.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

06-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kahalgaon (Ghogha) P.S. Case No. 188 of 2021, registered for the offence under Section 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the F.I.R., on 14.03.2021 at about 11:30 PM, it is alleged that deceased was killed by shooting and on hearing the sound of firing, the informant saw through the window that this petitioner alongwith other F.I.R. named accused persons, armed with weapons, were coming out of the house of the deceased through the courtyard.

It is submitted on behalf of petitioner that informant is

Patna High Court CR. MISC. No.54526 of 2021(2) dt.06-12-2021 2/3 not eye-witness of the occurrence and petitioner has been made accused only on suspicion. As a matter of fact, the deceased was a widow & issueless and informant was cousin daughter-in-law of the deceased and the deceased had given her some ancestral property to her (informant), and as such, there was some enmity between the deceased and her co-sharers and due to which, she was killed. This petitioner is nowhere related to the deceased and no motive has been attributed to him. Petitioner has been made accused, since he is friend of co-accused Bhairo Mandal, who happens to be co-sharer of the deceased. It is further submitted that the alleged occurrence is said to have taken place in the night of 14.03.2021, but F.I.R. has been lodged on 16.03.2021 without any plausible explanation of delay. Petitioner is in custody since 26.06.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 C.J.M., Bhagalpur in

Patna High Court CR. MISC. No.54526 of 2021(2) dt.06-12-2021 3/3 connection with Kahalgaon (Ghogha) P.S. Case No. 188 of 2021.

(Prabhat Kumar Singh, J) anay U T