Mukesh Mandal @ Khusra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33857 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Mukesh Mandal @ Khusra Mandal Son of Late Moti Mandal, R/o Village- Maheshi, P.S.- Sultanganj, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Akbarnagar P.S.Case No.123 of 2016, registered for offences punishable under Sections 307 and 34 of the Indian Penal Code. Allegation against the petitioner is of firing on the informant, which crossed through his ear causing simple injury to him.

Submission of the learned counsel for the petitioner is that there is enmity between the parties, Title Suite is pending earlier to lodging of this case, father of the petitioner was killed by the informant and others and for that mother of the petitioner has lodged a case under Section 302 of the IPC and the petitioner is in custody for about five months. Further the allegation of firing is on two persons whereas there is only one injury.

Patna High Court Cr.Misc. No.33857 of 2017 (3) dt.02-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Bhagalpur, in connection with Akbarnagar P.S.Case No.123 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not threaten to the informant or any of the witnesses in this case otherwise his bail bond shall be cancelled.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T