Bablu Mandal @ Harendra Kuamr Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55986 of 2024 Arising Out of PS. Case No.-173 Year-2013 Thana- Kharagpur District- Munger ====================================================== Bablu Mandal @ Harendra Kuamr Singh S/O Late Nepali Mandal R/O Purani Durga Asthan, P.S- Sultanganj, Distt.- Bhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 342, 323, 307, 120B and 504 of the Indian Penal Code and Section 27(i) of the Arms Act, registered in connection with Kharagpur P.S. Case No. 173 of 2013.

3. As per prosecution case, when the informant and his brother-in-law reached at Kanhai More, the F.I.R. named accused persons indiscriminate fired upon them due to which his brother-in-law sustained injury.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Petitioner is not named in the FIR rather

Patna High Court CR. MISC. No.55986 of 2024(2) dt.19-08-2024 2/2 his name has figured in this case only on the basis of confessional statement of co-accused person, which has got no evidentiary value in the eyes of law. He further submitted that the F.I.R. named co-accused has already been granted bail by a Co-ordinate Bench vide order dated 22.12.2014 passed in Cr. Misc. No. 29919 of 2014 and its analogous cases. The case of the petitioner is stands on better footing. Petitioner is in custody since 01.05.2017.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as period of custody, let the petitioner, abovenamed, 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 learned Additional Sessions Judge-II, Munger in connection with Kharagpur P.S. Case No. 173 of 2013, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T