IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42508 of 2010
MADAN MANDAL SON OF RAM CHANDRA MANDAL, RESIDENT OF
VILLAGE SAKAHRA KALYAN TOLA, POLICE STATION BARIARPUR,
DISTRICT MUNGER.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.24749 of 2010
SANJAY MANDAL S/O SHRI BASUDEO MANDAL R/O VILLAGE SAKAHRA
KALYAN TOLA, P.S. BARIARPUR, DISTT. MUNGER.
Versus
STATE OF BIHAR
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2. 19.1.2011. Heard Shri Sanjeev Ranjan, learned
counsel for the petitioners in both the
cases as well Shri Anant Kumar, learned
Additional Public Prosecutor.
By filing two petitions, aforesaid
two petitioners had prayed for granting bail
in Bariyarpur P.S. Case No.99 of 2009, which
was registered for the offence under Section
302 and other allied Sections of the Indian
Penal Code and Section 27 of the Arms Act.
In the present case, F.I.R. was
lodged on the basis of fardbeyan of one Amod
Mandal wherein he alleged that in his
presence, his brother-in-law was surrounded
by about seven accused persons including
both the petitioners and thereafter, accused
Paro Singh @ Pramod Singh fired on temporal
region of his brother-in-law i.e. Chandan
2
Kumar. Subsequently, one Sanjay Mandal, son
of Chhote Mandal fired on the back of
brother-in-law of the informant. Against
Madan Mandal, who is petitioner in Cr. Misc.
No.42508 of 2010, allegation is that he
fired on informant and others, but none
received any injury. So far as Sanjay Mandal
in Cr. Misc. No.24749 of 2010 is concerned,
there is general and omnibus allegation. No
any specific act has been alleged against
him.
Shri Sanjeev Ranjan, learned counsel
for the petitioners, while pressing the
petition, submits that in police station,
this informant had given information
regarding murder of his brother-in-law by
some un-known accused persons. Subsequently,
fardbeyan, at the place of occurrence, was
recorded in which he described regarding the
occurrence and named the petitioners and
others.
Learned Additional Public Prosecutor
has vehemently opposed the prayer of bail.
However, he is not disputing the fact that
informant had himself initially informed the
police. Thereafter, a station diary entry
3
was made, which has been recorded in
paragraph-1 of the case diary.
In view of the facts and
circumstances, let both the petitioners
above named be enlarged on bail on their
furnishing bond of Rs.10,000/- (ten
thousand)each with two sureties of the like
amount each to the satisfaction of
Additional Sessions Judge, F.T.C.II/C.J.M.,
Munger in Bariyarpur P.S. Case No.99 of
2009.
( Rakesh Kumar,J.)
N.H./