Patna High CourtCR. MISC./52667/2016bail granted

Baidyanath Mandal And ORS v. The State Of Bihar

2016-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52667 of 2016 Arising Out of PS.Case No. -191 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================

1. Baidyanath Mandal, Son of Late Moti Mandal,

2. Siya Ram Mandal, Son of Late Moti Mandal,

3. Ravindra Mandal, Son of Baidyanath Mandal,

4. Bal Kishore Mandal, Son of Siya Ram Mandal,

5. Laxmi Mandal, Wife of Late Sita Ram Mandal,

6. Pramod Mandal @ Pramod Kumar Mandal, Son of Laxmi Mandal, All are resident of village - Dubha Tola, Police Station - Rupauli in the district of Purnea .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 302/34/35/120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that the petitioners are said to have caught hold the son of the informant while his son was returning after call of nature and accused Naval Kishore Mandal shot him on his chest and shoulder and thereafter they fled away. Thereafter the deceased was taken to hospital, where the doctor declared him to be dead.

Patna High Court Cr.Misc. No.52667 of 2016 (2) dt.08-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 14.10.2016. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are said to be the member of unlawful assembly. As per dying declaration of the deceased, co-accused namely Naval Kishore Mandal is said to be the assailant.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Purnea in connection with Rupauli P.S. Case No. 191 of 2016 (G.R. No. 3051 of 2016).

(Sudhir Singh, J.) Amit/- U T