Sunil Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87087 of 2024 Arising Out of PS. Case No.-592 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sunil Mandal S/o- Shankar Mandal R/o - Jhulauna, Bihraura, P.S - Ramgarh Chowk, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai P.S. Case No. 592 of 2015 dated 27.08.2015 registered for the offences punishable under Sections 147, 148, 307 and 302 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, it is alleged that while the informant was talking to his aunt, the petitioner and the coaccused persons came and the co-accused, Vikash Mandal fired from his pistol which hit the informant in his thigh. On seeing this, the informant's aunt came to save him then on the exhortation of the co-accused, Lalan Mandal, the petitioner fired
Patna High Court CR. MISC. No.87087 of 2024(4) dt.07-05-2025 2/3 from his pistol which hit the aunt of the informant due to which she died on the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the charge has been framed on 03.01.2019 and 12 prosecution witnesses have already been examined. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2016 i.e. more than 9 years.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the specific allegation of firing is against the petitioner. The regular bail of the petitioner was earlier disposed of by the Co-ordinate Bench of this Court vide order dated 29.01.2020 passed in Cr. Misc. No. 69154 of 2019.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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
Patna High Court CR. MISC. No.87087 of 2024(4) dt.07-05-2025 3/3 concerned, Lakhisarai in connection with Lakhisarai P.S. Case No. 592 of 2015, with following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) The petitioner is directed to co-operate in the trial before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T