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Patna High CourtCR. MISC./71001/2023allowed

Manoj Mandal v. The State Of Bihar

2024-07-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71001 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Manoj Mandal Son Of Sri Anil Mandal R/O Village- Gangapur Athgama Basa, P.S.- Alamnagar (Ratwara O.P.), Dist.- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Alamnagar P.S. Case No. 129 of 2022 instituted for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71001 of 2023(3) dt.12-07-2024 2/3 that earlier the application for regular bail of the petitioner was rejected vide order dated 10.05.2023 passed in Cr. Misc. No. 1209 of 2023 but fresh ground is that co-accused Shankar Mandal in whose confessional statement, the name of the petitioner figured has been granted bail by a Co-ordinate Bench. Co-accused Shankar Mandal in his confessional statement specifically stated that co-accused Nunu Kumar Raj @ Nunu Lal Rai shot fire upon the deceased and he has also been granted bail by a Co-ordinate Bench vide order dated 10.08.2023 passed in Cr. Misc. No. 29486 of 2023. He further submitted that the petitioner case is on better footing than that of co-accused Nunu Kumar Raj @ Nunu Lal Rai. Petitioner is in custody since 20.07.2022.

4. The application for bail is opposed by learned APP for the State.

5. 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 Additional Sessions Judge-I,

Patna High Court CR. MISC. No.71001 of 2023(3) dt.12-07-2024 3/3 Madhepura in connection with Alamnagar P.S. Case No. 129 of 2022, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T