Vikas Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48638 of 2017 Arising Out of PS.Case No. -592 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Vikas Mandal Son of sri Rajaram Mandal Resident of village- Oraiya, P.S.- Lakhisarai, District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2017 Heard the counsels for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 592 of 2015 dated 27.08.2015 instituted for the offences under Sections 147, 148, 307, 302 of the India Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R that while the informant/injured was talking to his aunt, the accused persons including the petitioner came and the petitioner is then alleged to have fired from his weapon which hit the informant in his thigh. Later, on the exhortation of the Lalan Mandal, one Sunil Mandal fired from his weapon which hit the aunt of the informant who died thereafter.

Patna High Court Cr.Misc. No.48638 of 2017 (4) dt.04-12-2017 2/2 Mr. Ajay Kumar Thakur, learned advocate appearing for the petitioner submitted that though petitioner is alleged to have fired on the petitioner causing injury to him but he is not the assailant of the deceased. He has further submitted that the prosecution side has been instrumental in killing the uncle of the petitioner and an attempt was also made to kill the informant of the case for which a case has been lodged against the informant of the present case.

The petitioner does not have any criminal antecedent and is in custody since 14.06.2017. Considering the aforestated facts, this Court is inclined to grant bail to the petitioner.

The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 592 of 2015.

(Ashutosh Kumar, J) Shageer/- U T