Shaligram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5130 of 2018 Arising Out of PS. Case No.-194 Year-2017 Thana- NAYA RAM NAGAR District- Munger ====================================================== Shaligram Mandal, S/o Late Uchit Mandal, resident of Village- Ramdhan Mandal Tola, P.S.- Naya Ram Nagar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.09.2017 in connection with Naya Ram Nagar P.S. Case No. 194 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that his wife went out of the house and did not return. On search, she was found in a pool of blood, who died on account of gun shot injury. The informant named six persons, including the petitioner, who were seen running away along with three persons who were not named in the First Information Report. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.5130 of 2018(3) dt.17-02-2018 2/3 petitioner that he is innocent, bears no criminal antecedent and was just standing on the PCC road and because the petitioner and the informant belong to the same locality, he has been named. He submits that there is no eye-witness to the alleged occurrence, as none of the witnesses has named anyone who fired and that charge-sheet has already been submitted. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, 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 Additional Chief Judicial MagistrateI, Munger in connection with Naya Ram Nagar P.S. Case No. 194 of 2017, subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.

(2) The petitioner will appear before the learned Court below on each and every

Patna High Court Cr.Misc. No.5130 of 2018(3) dt.17-02-2018 3/3 date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T