Kailash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15361 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -ISMILEPUR District- BHAGALPUR ====================================================== Kailash Mandal, son of Sukhraj Mandal @ Kajo Singh, Resident of VillageBinoba, Police Station Ismailpur, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Bharat Lal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ismailpur P.S. Case No. 58 of 2017 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Brother of the informant, namely, Akhilesh Mandal is said to have been gunned down by Manoj Mandal while the petitioner and other accused persons were present there armed with fire arms and also resorted firing upon the informant and his other brothers. On making alarm by them, the accused persons left the scene.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.15361 of 2018 (2) dt.19-03-2018 2/2 dirty village politics. The petitioner and other accused persons are said to have resorted firing on the informant and his other brothers but they have not sustained any injury. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent. The petitioner has been languishing in custody since 22.12.2017. Similarly situated co-accused, namely, Roushan Mandal @ Roshan Mandal has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 14683 of 2018 vide order dated 14.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Naugachia in connection with Ismailpur P.S. Case No. 58 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T