Gopal Mandal @ Baguwa Mandal @ Gopal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.10735 of 2015 (02) dt.08-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10735 of 2015 Arising Out of PS.Case No. -172 Year- 1994 Thana -BIHPUR District- BHAGALPUR ====================================================== Gopal Mandal @ Baguwa Mandal @ Gopal Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar Yadav-Advocate For the Opposite Party/s : Mr. A.L. Pandit (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

At an earlier occasion, prayer for bail of petitioner was rejected vide Criminal Miscellaneous No.12798 of 2014, order dated 26.08.2014, taking into account his long period of absence giving a privilege to renew his prayer after framing of charge. Charge had already been framed as is evident from the order of the learned lower Court.

Two groups of miscreants indulged in cross-firing and during course thereof, when police arrived, they also fired at the police, which was duly retaliated. It has also been disclosed that informant had collected information regarding participant and during course thereof, eight persons have been named while more than hundred happens to be the unknown. Petitioner happens to be

Patna High Court Cr.Misc. No.10735 of 2015 (02) dt.08-05-2015 one of the named accused.

It is also apparent from the written report that none had sustained injury at the side of the prosecution. Furthermore, petitioner happens to be under custody since 08.01.2014. Accordingly, petitioner Gopal Mandal @ Baguwa Mandal @ Gopal Singh is directed to 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 the learned Additional Sessions Judge-2nd, Naugachhia, Bhagalpur in connection with Sessions Trial No.745 of 2014 arising out of Bihpur P. S. Case no.172 of 1994.

However, taking into account the conduct of the petitioner, one of the bailor should be a government servant regarding identity of which, the learned lower Court will ascertain before acceptance of bail bond, so that presence of petitioner should be till conclusion of the trial.

(Aditya Kumar Trivedi, J) Vikash/- U T