Manoj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70714 of 2022 Arising Out of PS. Case No.-379 Year-2020 Thana- ALOULI District- Khagaria ====================================================== MANOJ MANDAL Son of Dayasagar Mandal R/V- Rampur Alauli, P.SAlauli, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vipin Kumar Singh :
Mr. Bindhyachal Singh, Sr. Adv, :
Mrs. Nikita Mittal For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner, leaned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section302, 307, 342/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, the accusation against the accused persons including the petitioner to have come armed with weapons and surrounded the informant and others. It is further alleged that co-accused, Amrendra Kumar Pardip ordered to kill the informant's son then co-accused Anjani Mandal shot fire upon the informant's son due to which he
Patna High Court CR. MISC. No.70714 of 2022(2) dt.28-02-2023 2/3 died on spot and the accused persons fled away from the place of occurrence.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to dirty village politics. There is no specific allegation against the petitioner rather he is only member of unlawful assembly. The specific allegation against co-accused Anjani Mandal who fired upon the informant's son as a result of which he died. Similarly situated co-accused Rishu Kumar has already been granted Bail by a co-ordinate Bench of this Court vide order dated 29.8.2022 passed in Cr. Misc. No. 25060 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 26.12.2021.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alouli P.S. Case No. 379 of 2020 on furnishing bail bond of
Patna High Court CR. MISC. No.70714 of 2022(2) dt.28-02-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - Vth, Khagaria.
(Sunil Kumar Panwar, J) Amandeep/- U T