Budhara @ Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6912 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -HASANGANJ District- KATIHAR ====================================================== Budhara @ Sunil Mandal Son of Baudha Mandal Resident of VillagePokheria, P.S.- Hasanganj, District- katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Anil Kumar Singh-I ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2017 Learned counsel for the petitioner is permitted to make necessary correction at para-18 of the petition, in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

The prosecution story in brief, is that while the brother of the informant namely Sanjay Sah was closing his shop, in the meantime, two persons came there on motorcycle and shot fire through pistol at the chest of Sanjay Sah, who died on the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2016. The charge sheet has

Patna High Court Cr.Misc. No.6912 of 2017 (2) dt.09-03-2017 2/2 been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been named in the F.I.R. merely on the basis of suspicion. There is no other substantive evidence to suggest his implication in the present case. The other co-accused has been granted bail vide Cr. Misc. No. 1594 of 2017 by another co-ordinate Bench of this Court. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Hasanganj P.S. Case No. 32 of 2016. (Sudhir Singh, J) Amit/- U T