Sudhir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55757 of 2018 Arising Out of PS. Case No.-191 Year-2016 Thana- RUPAULI District- Purnia ====================================================== Sudhir Mandal son of Ram Mandal, resident of Village- Ismailpur Diyara, Police Station- Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Rupauli P.S. Case No. 191 of 2016 dated 19.09.2016 instituted under Sections 302/34/35 and 120B of the Indian Penal Code and 27 of the Arms Act.

3. The allegation against the petitioner and thirteen others, including co-accused Baidhyanath Mandal, is of surrounding the son of the informant and the specific allegation against Nawal Kishore Mandal is of firing which ultimately resulted into death of the son of the informant.

4. Learned counsel for the petitioner submitted that he

Patna High Court Cr.Misc. No.55757 of 2018(2) dt.28-09-2018 2/3 is a relative of Baidhyanath Mandal with whom the informant had enmity, but the petitioner resides in another village and had no connection with the dispute between Baidhyanath Mandal and the informant. It is further submitted that the petitioner has no criminal antecedent.

5. Learned APP submitted that the petitioner is also said to be one of the persons who had surrounded the deceased.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM- 1st, Purnea in connection with Rupauli P.S.Case No. 191 of 2016 (GR No. 3051 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking

Patna High Court Cr.Misc. No.55757 of 2018(2) dt.28-09-2018 3/3 to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J) sujit/- U T