Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60203 of 2023 Arising Out of PS. Case No.-127 Year-2021 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Subodh Mandal Son Of Prasadi Mandal Resident Of Village-Kodrabhitta Athgama, P.S.-Bihpur, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner that he along with other accused persons caught hold the son of the informant and co-accused Joginder Mandal @ Kare Mandal shot at the son of the informant, as a result of

Patna High Court CR. MISC. No.60203 of 2023(2) dt.11-09-2023 2/3 which, he sustained gunshot injuries on his chest and died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the specific allegation of firing is against co-accused Joginder Mandal @ Kare Mandal. Moreover, other accused has been granted bail by this Court vide order dated 28.02.2023 passed in Cr. Misc. No. 69722 of 2022. The petitioner is languishing in custody since 15.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.60203 of 2023(2) dt.11-09-2023 3/3 Magistrate, Bhagalpur in connection with Akbarnagar P.S. Case No. 127 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T