Ram Prasad Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38572 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -BAUNSI District- BANKA ======================================================
1. Ram Prasad Mandal Son of Sri Baij Nath Mandal resident of Village - Balarpur, P.S. Banka, District - Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.
The petitioner seeks regular bail in connection with Bousi P.S.Case No.60 of 2017, registered for offences punishable under Sections 307, 394, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is of firing on the injured Sree Kant Kumar causing injury on his head.
Submission of the learned counsel for the petitioner is that the injured has given fardbeyan in the hospital, which has come in para 92 of the case diary, in which he has not named anybody and even not identified any person and later on, he has named the petitioner and the informant has also named the petitioner in this case and at the same time a Title Suit is going on between the
Patna High Court Cr.Misc. No.38572 of 2017 (4) dt.21-09-2017 2/3 petitioner and the informant as well as the injured, as such the petitioner has been falsely implicated in this case. The petitioner is in custody for about three months.
Heard learned A.P.P. and the learned counsel for the informant.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Banka in connection with Bounsi P.S.Case No.60 of 2017.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T
Patna High Court Cr.Misc. No.38572 of 2017 (4) dt.21-09-2017 3/3