IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23730 of 2011
Gautam Mandal
Versus
The State Of Bihar
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4 28-09-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is in jail custody since 17.06.2011 in a
case registered under section-302 & other minor sections of
the Indian Penal Code and 27 of the Arms Act.
There is allegation against this petitioner that he
opened fire on deceased but submission on behalf of the
petitioner is that the informant is not an eye witness of the
alleged occurrence and prior to giving his fardbeyan, the
informant gave telephonic information to Officer-in-charge of
concerned police station disclosing this fact that some
unknown persons had committed the murder of his brother-in-
law but subsequently, when the police recorded the fardbeyan
of the informant, he implicated the petitioner and other co-
accused persons on account of previous enmity and village
politics. It is further contended by him that having more or less
similar allegation, some co-accused persons have already
been granted privilege of bail by another benches of this court
which is evident from perusal of Annexures-2 & 3 to this
petition.
It would appear from perusal of Annexure-2 to this
2
petition that one co-accused, Madan Mandal has been granted
bail by another bench of this court vide order dated 19.01.2011
passed in Cr. Misc. No. 42508 of 2010 and there was
allegation of firing against the aforesaid Madan Mandal also
and furthermore, it would appear from perusal of Annexure-2
to this petition that while granting the bail to the aforesaid co-
accused, Madan Mandal, the another bench of this court took
into account the earlier Sanha made by the police on the basis
of telephonic information given by informant of this case.
Considering the aforesaid facts and circumstances
as well as submissions of the parties, the petitioner, namely
Gautam Mandal is directed to be released on bail on furnishing
bail bond of Rs 10,000/- (ten thousand) with two sureties of the
like amount each in connection with Bariarpur P.S. Case No.
99 of 2009 corresponding to Sessions Trial No. 589 of 2010 to
the satisfaction of Sri M.M.S. Lal, Additional Sessions Judge
(Fast Track Court No.- II), Munger.
A.K.Vishwakarma/- ( Hemant Kumar Srivastava,J.)