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Patna High CourtCR. MISC./53567/2017bail granted

Kanhai Mandal v. The State Of Bihar

2017-11-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53567 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Kanhai Mandal Son of late Karu Mandal Resident of Village- Pakki Sarai, P.S. ghogha, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kahalgaon (Ghogha) P.S. Case No. 91 of 2017 registered for the offences under Sections 302/34/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution is that the husband of the informant was killed by using fire arms by the accused persons named in the FIR. During investigation the complicity of the petitioner has come to light.

The learned counsel for the petitioner submits that the petitioner has a fair antecedent except one another case in which he has already been granted bail. It is further submitted that the

Patna High Court Cr.Misc. No.53567 of 2017 (2) dt.09-11-2017 2/2 petitioner is not an FIR named person and other similarly situated person, namely, Jyotish Mandal has been granted bail by this Court vide order dated 08.08.2017 passed in Criminal Misc. No. 29103 of 2017.

Having regard to the facts and circumstances of the case, more particularly the parity of the case of the petitioner with other co-accused person, I deem it fit and proper to enlarge the petitioner Kanhai Mandal on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 91 of 2017. S.Sb/- (Mohit Kumar Shah, J) U T