Pato Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43299 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -BARIYARPUR District- MUNGER ======================================================

1. Pato Mandal son of Late Laxami Mandal.

2. Gautam Mandal son of Late Laxmi Mandal Both resident of VillageBarel Bara Pariya, P.S.+P.O.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 302 and 201/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

It has been submitted on behalf of the petitioners that the petitioners are not named in the FIR but later on their name transpired. During the course of investigation, it transpired that prior to death of the deceased, a quarrel had taken place with the petitioners and the deceased at the point of division of looted gold and silver ornaments, and then the petitioners and co-accused committed the murder of the deceased and threw the dead body with a view to screen from legal punishment.

Patna High Court Cr.Misc. No.43299 of 2016 (3) dt.20-12-2016 2/3 It has further been submitted that one co-accused, having similar allegation, has been granted bail by this Hon'ble Court, vide order dated 16.09.2016 passed in Criminal Misc. No.31665 of 2016.

Heard learned A.P.P. also.

Having heard both sides as well as from perusal of the case diary, it appears that the case of the petitioners is similar to that of co-accused, Jugesh @ Jugesh Mandal @ Jugba Mandal , who has been granted bail by this Hon'ble Court and the petitioners are in custody since 31.01.2016, let petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of CJM, Munger in connection with Bariyarpur P.S.Case No.79 of 2015 with a condition that one of the bailers must be close relative and another having sufficient immovable property and the petitioners shall remain present on each and every date during the trial and the default on two consecutive dates on their part without any reason shall disentitled the petitioners from privilege of the bail.

Patna High Court Cr.Misc. No.43299 of 2016 (3) dt.20-12-2016 3/3 (Vinod Kumar Sinha, J) chn/- U T