Bishnu @ Binod Mandal @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60933 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- AMARPUR District- Banka ====================================================== Bishnu @ Binod Mandal @ Vinod Kumar S/O Sahdev Prasad Mandal Resident of village- Singhnan, P.S.- Singhnan, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending arrest in connection with Amarpur P.S. Case No.338 of 2023, lodged on 14.05.2023, for the offences punishable under Sections 307/302 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against 8 to 10 unknown accused persons with an allegation of resorting fire upon the informant and one Kashi Tanti causing bullet injury to them.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that petitioner is not named in the FIR and FIR has been lodged against 8 to 10 unknown accused persons. Counsel
Patna High Court CR. MISC. No.60933 of 2024(3) dt.14-11-2024 2/3 further submits that name of the petitioner has figured in this case by virtue of confessional statement which is not corroborated by anyone and, therefore, case-diary was called by this Court. Counsel submits that antecedent of the petitioner is not clean. There are five criminal cases pending against the petitioner. Learned Counsel further submits that other coaccused has been granted bail by this Court vide order dated 10.05.2024 passed in Cr. Misc. No.23847 of 2024.
5. Learned Additional Public Prosecutor for the State opposes the prayer for bail and submits that though petitioner's name has come in this case by virtue of confessional statement of co-accused but his antecedent is not clean.
6. In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Three Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 338 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as petitioner shall produce a certificate before the Court-below
Patna High Court CR. MISC. No.60933 of 2024(3) dt.14-11-2024 3/3 within the said period stating that he is not absconding in any one of the cases pending against him.
(Dr. Anshuman, J) Mkr./- U T