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Patna High CourtCR. MISC./70410/2021bail granted

Nepali Mandal @ Niranjan Mandal v. The State Of Bihar

2022-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70410 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== NEPALI MANDAL @ NIRANJAN MANDAL, Son of Late Sundar Mandal, Resident of Village - Ward No.- 02, Shankarpur, P.S.- Sabour, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant states that he received information about his son having been shot dead. On reaching the place of occurrence he found his son to have died having sustained gunshot injury.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Vinod Kumar @ Binda

Patna High Court CR. MISC. No.70410 of 2021(4) dt.23-12-2022 2/2 made before police. It is submitted that the same has no evidenciary value. No other material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 14.8.2021 and charge-sheet has been submitted in the case.

Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner together with the material that has transpired in course of investigation and the petitioner having remained in custody for 1 year 4 months since 14.8.2021, the petitioner is directed to be enlarged on bail in connection with Sabour P.S. Case no. 160 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III cum Special Judge (SC/ST Act), Bhagalpur.

(Partha Sarthy, J) avinash/shiv U T