Tarjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7146 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Tarjan Mandal Son of Ankul Kushwaha, Resident of Village- Basgarha, P.S.- Kotwali (Basudeopur O.P.), District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kotwali P.S. Case No. 274 of 2015 for the offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(i)(x) of the SC/ST Act.

The prosecution case, in brief, is that the informant Brahmadeo Rajak gave a typed written report to the SHO, Kotwali, Munger alleging, inter alia, that on 12.12.2015 at around 6.30 AM, his son Manoj Kumar Rajak went to take milk and when he reached 400-500 meter away from his house, unknown criminals fired at him due to which on the way to the

Patna High Court Cr.Misc. No.7146 of 2016 (3) dt.28-03-2016 2/2 Hospital, his son succumbed to the injuries.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. During the course of investigation in para-16 of the case diary suspicion has been raised against the petitioner. There is no circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kotwali P.S. Case No. 274 of 2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) S.Pandey/- U T