Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78792 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Arun Mandal Son of Sri Chegay Mandal @ Ram Chandra Mandal Resident Of Rahi Chatanama Sita tola, P S- Bihariganj District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bihariganj P.S Case No. 148/2023 registered for the offences punishable under Sections 506, 302, 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with the other accused persons had committed murder of the informant's father by firing gunshot.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the specific allegation of firing is upon the accused namely Shrawan Mandal whose bail application has already been rejected by this Court. The petitioner was only the member of the mob.

Patna High Court CR. MISC. No.78792 of 2024(3) dt.19-03-2025 2/2 Moreover, there is no eyewitness of the occurrence. He next submits that petitioner's name has been figured in this case only and only due to enmity between the petitioner and the informant as land dispute is going on between them. It is also submitted that petitioner is in judicial custody since 03.08.2024 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 12.09.2024 and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner as well as the fact that the allegation against the petitioner is no specific in nature and he was only the member of the mob, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, Madhepura in connection with Bihariganj P.S Case No. 148/2023. (Ramesh Chand Malviya, J) Sunnykr/- U