Sujjo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49528 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- ANTICHAK District- Bhagalpur ====================================================== SUJJO MANDAL, aged about 28 years, Male, Son of Parmeshwar Mandal, Resident of Village - Birbanna, P.S.- Antichak, Distt - Bhagalpur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Deepak Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 14.06.2019 in a case for the offence registered under Sections 341, 323, 448, 307, 354(B)/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 23.08.2018 at about 2-2.30 A.M., the informant's wife, namely, Renu Devi, was sleeping with her children at the roof of her house in the meanwhile, Pappu Sharma, Kailash Yadav, Fudri Mian @ Sabbir Miyan and Prakash Sharma had attempted to outrage her modesty. On her protest, they shot at her. Due to which, she fell

Patna High Court CR. MISC. No.49528 of 2019(2) dt.08-08-2019 2/3 down. Hearing the sound of firing, nearby people assembled and took her to Kahalgaon Sadar Hospital on 23.08.2018 wherefrom she was brought to J.L.N.M.C.H., Bhagalpur. At the time of occurrence, the informant was at Allahabad and after getting information, he came to Siliguri where his wife was admitted in a private Hospital and she was not in a position to speak as she was unconscious.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. No specific overt act is alleged against him. Other co-accused have been granted bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 112 of 2019 under order dated 05.02.2019, Cr. Misc. No. 7205 of 2019 under order dated 07.02.2019 and Cr. Misc. No. 2511 of 2019 under order dated 13.02.2019. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.49528 of 2019(2) dt.08-08-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M.- 14, Bhagalpur, in connection with Antichak P.S. Case No. 61 of 2018.

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