Tejan Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 32305 of 2016 Arising Out of PS.Case No. -296 Year- 2015 Thana -SHERGHATTI District- GAYA ======================================================
1. Tejan Mandal son of Late Bricha Mandal
2. Jamuna Mandal son of Sri Mahadeo Mandal
3. Ranjit Mandal @ Ramjit Mandal son of Late Janki Mandal All are resident of Village- Fajlaha, Police Station- Sherghatti, DistrictGaya. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Nikhil For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2016 Heard Sri Kumar Nikhil, learned counsel for petitioners and learned Addl. Public Prosecutor. Three petitioners, who are in custody since March/April, 2016 in Sherghatti P.S. Case No. 296 of 2015 registered for offence under Sections 302 & 34 of the Indian Penal Code, have prayed for grant of bail purely on the ground of parity. By way of referring to F.I.R., it was submitted by learned counsel for petitioners that no specific accusation has been made against the petitioners, save and except suspicion. He submits that the brother of the informant had consumed liquor and subsequently he died. As per F.I.R., it is true that petitioners had gone with the deceased for consuming liquor. He submits that on
Patna High Court Cr.Misc. No.32305 of 2016 (2) dt.19-08-2016 2/2 similar circumstance, one of the accused namely Lalesh Yadav has been granted bail by this Court, vide order dated 29-04-2016 passed in Cr. Misc. No. 17962 of 2016. It has been argued that petitioners' case is exactly similar to the case of co-accused Lalesh Yadav.
In view of the fact that one of the co-accused, in similar circumstance, has been granted bail, there is no reason to further detain the petitioners.
Accordingly, let aforesaid three petitioners namely 1. Tejan Mandal, 2. Jamuna Mandal & 3. Ranjit Mandal @ Ramjit Mandal be released on bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghatti in connection with Sherghatti P.S. Case No. 296 of 2015.
(Rakesh Kumar, J.) Anay U T