Tinku Mandal @ Sajan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42213 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

Tinku Mandal @ Sajan Mandal, Gender-Male, aged about 29 years, Son of Late Shambhu Mandal, Resident of Village - Sonbarsa, P.S.- Kanti, District - Muzaffarpur.

2.

Dhiraj Kumar @ Dhiraj Raj, Gender-Male, aged about 25 years, Son of Late Shambhu Mandal, Resident of Village - Sonbarsa, P.S.- Kanti, District - Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sanjay Kumar @ S.K., Advocate.

For the Opposite Party :

Mrs. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners are languishing in custody since 30.03.2019 in a case for the offence registered under Sections 147, 148, 149, 341, 323, 302, 379, 506 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that due to previous dispute, altercation took place on 09.03.2019 in between the accused persons and the deceased. On 18.03.2019, all the accused persons including petitioners surrounded and caught

Patna High Court CR. MISC. No.42213 of 2019(2) dt.15-07-2019 2/3 hold the brother of the informant when he was returning from his shop and co-accused Sushil Mandal fired upon his brother as a result of which, he succumbed to injuries.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are alleged to have caught hold the deceased at the time of occurrence. The main allegation is against co-accused Sushil Mandal who is alleged to have fired upon the deceased. The postmortem report also corroborates the allegation made in the F.I.R. No injury is attributed against the petitioners.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners 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 S.D.J.M. (West), Muzaffarpur, in connection with Kanti P.S.

Patna High Court CR. MISC. No.42213 of 2019(2) dt.15-07-2019 3/3 Case No. 200 of 2019.

(Sudhir Singh, J) U.K./- U T