Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80573 of 2023 Arising Out of PS. Case No.-511 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ashok Mandal Son Of Late Mahesh Mandal @ Mahesh Manjhi Resident Of Village - Mirhatti, P.S. - Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. Case No. 670 of 2023 arising out of Sultanganj P.S. Case No. 511 of 2022 instituted for the offences under Sections 307, 326 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner, as alleged in the F.I.R., is of firing by a country made pistol (Katta) on the left thigh of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He submits that the reason behind the occurrence is domestic dispute as has been stated in the F.I.R. itself.

Patna High Court CR. MISC. No.80573 of 2023(2) dt.20-12-2023 2/3 Learned counsel for the petitioner further submits that the in this case, the charge-sheet has been filed by the police and the charge has also been framed on 09.08.2023. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application.

5. The petitioner is languishing in judicial custody since 27.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case as also taking into account the period of custody and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with S.T. Case No. 670 of 2023 (arising out of Sultanganj P.S. Case No. 511 of 2022), subject to following conditions;

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.80573 of 2023(2) dt.20-12-2023 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T