Shambhu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41799 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -BHAWANIPUR District- PURNIA ====================================================== Shambhu Mandal Son of Late Bhikeri Mandal, R/o Village- Kemai, P.S.- Bhawanipur, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Bhawanipur (Akbarnagar) P. S. Case No. 152 of 2017 registered under Sections 364 and 370/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that similarly circumstanced co-accused Raju Mandal @ Ram Mandal @ Ramu Mandal has already been granted pre-arrest bail by a co-ordinate Bench of this Court, vide order dated 12.09.2017, passed in Cri. Misc. No. 39530 of 2017 after summoning the casediary and perusing the materials available on record. It is submitted that the petitioner is not family member or in-laws of

Patna High Court Cr.Misc. No.41799 of 2017 (2) dt.20-09-2017 2/2 the sister of the informant and he has been implicated only because he is one of the relatives of the other co-accused. Learned Additional Public Prosecutor for the State has opposed the application for grant of pre-arrest bail to the petitioner. However, after going through the order dated 12.09.2017 passed in Cri. Misc. No. 39530 of 2017, he concedes that the case of the petitioner stands identical to that of co-accused Raju Mandal @ Ram Mandal @ Ramu Mandal.

Considering the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Purnia in Bhawanipur (Akbarnagar) P. S. Case No. 152 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T