Ghanshyam Mandal @ Ghanshayam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58516 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ghanshyam Mandal @ Ghanshayam Mandal S/O Prakash Mandal R/O Village- Dudhaila, Ps. Sultanganj, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankit Raj For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, some unknown miscreants are alleged to have committed murder of the informant's son and the dead body was found on the road. There was injury of bullet caused by firearm on his head, shoulder and check.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The prosecution case lodged against unknown and the name of the petitioner sprang up in this case on the basis of confession made by co-accused Brajesh

Patna High Court CR. MISC. No.58516 of 2023(2) dt.01-09-2023 2/2 Kumar Yadav who has already been granted bail by a coordinate Bench of this Court vide order dt. 25.7.2023 passed in Cr. Misc. No. 41289 of 2023 hence, the case of this petitioner stands on similar footing of that of co-accused. No any consistent material has come against the petitioner during investigation. No one is eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 25.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 256 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge X, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T