Chhagala Mandal @ Changla Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.61838 of 2018 (3) dt.02-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61838 of 2018 Arising Out of PS.Case No. -114 Year- 2016 Thana -SABAUR District- BHAGALPUR ====================================================== Chhagala Mandal @ Changla Mandal S/o Late Paro Mandal, R/o Vill.- Mamalkha, P.S.- Sabour, Distt.- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mrs. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Sabour P.S. Case No. 114/2016 corresponding to Sessions Trial No. 575/2017, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. It is alleged that co-accused Taira Mandal (brother of petitioner) shot fire upon the informant's uncle on his back; as a result he fell down. Thereafter, petitioner and co-accused also fired upon the informant which did not hit him. Informant's uncle died during the course of treatment.

It has been submitted that petitioner has falsely been implicated in this case. There is specific allegation against Taira Mandal who is brother of petitioner. One of the co-accused Rohit Paswan has been granted bail vide order dated 29.10.2018 passed

Patna High Court Cr.Misc. No.61838 of 2018 (3) dt.02-11-2018 in Cr. Misc. 58046/2018.

Petitioner is in custody since 25.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge IIIrd, Bhagalpur in connection with Sabour P.S. Case No. 114/2016 corresponding to Sessions Trial No. 575/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T