Prashant Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62295 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Prashant Kumar Mandal Son Of Sattan Mandal Village- Gandhipur, Ps- Bari Bariyarpur, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 326, 307, 120B/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 27 of the Arms Act.
3. Allegation against the petitioner is that he opened fire upon the informant's father due to which he sustained injury.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. There is no allegation of repeated blow against him. Nature of injury not opined as per injury report which is annexed with the case diary. Victim has been mentioned as a
Patna High Court CR. MISC. No.62295 of 2023(4) dt.29-01-2024 2/2 veteran criminal in para 8 of the petiton and nine criminal cases are pending against him. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused person has already been granted bail by this Bench vide order dated 21.07.2023 passed in Cr. Misc. No. 44178 of 2023. Petitioner is languishing in judicial custody since 23.02.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 115 of 2023. (Sunil Kumar Panwar, J) lata/- U T