Surendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61808 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Surendra Mandal S/O Late Kanhaiy Mandal @ Nandkishor Mandal R/O Village- Nawkadih, P.S- Laxmipur, Distt.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 Indian Penal Code and Section 27 of the Arms Act.
3. According to the FIR, the petitioner along FIR named accused persons are alleged to have shot fire upon the husband of the informant resulting his death.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. According to prosecution case, the deceased was playing card with his friends namely, Dashrath Mandal, Shambhu Mandal and Sanjay Tanti, but during investigation, these witnesses have not supported the prosecution case. There is no specific overt act
Patna High Court CR. MISC. No.61808 of 2023(2) dt.15-09-2023 2/2 of firing against the petitioner whereas, only conspiracy has been shown against him. He is languishing in judicial custody since 29.3.2023. Moreover, similarly situated co-accused namely, Prince Mishra has already been granted bail by this Court vide order dt. 1.8.2023 passed in Cr. Misc. No. 16315 of 2023 and in support of this Annexure-2 has been annexed with this petition.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
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 C.J.M., Jamui in connection with Laxmipur P.S. Case No. 473 of 2022.
(Sunil Kumar Panwar, J) Amandeep/- U T