Bahadur Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13917 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -KHARIK District- BHAGALPUR ======================================================
1. Bahadur Mandal, Son of Lalit Narayan Mandal @ Lalo Mandal, Resident of Village- Bahatra, P.S.- Parbatta, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
According to FIR, 5 to 10 persons intercepted to the son of the informant on the way and they fired at him causing his instant death.
Learned counsel for the petitioner submits that the post mortem report would reveal that the Doctor has found single injury at the chest which shows that the informant is not an eye-witness of the occurrence. Petitioner is in custody since 15.09.2017. He further submits that co-accused Kishori Mandal has been allowed bail by the learned court below itself and
Patna High Court Cr.Misc. No.13917 of 2018 (3) dt.08-05-2018 2/2 allegation against the petitioner is similar to that of Kishori Mandal.
Finding substance in the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kharik Police Station Case No. 79 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/Sanjeev U T