IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43880 of 2010
PARMOD MANDAL, SON OF SHRI SARYUG PARSAD
MANDAL, RESIDENT OF VILLAGE-MAKAR GARHIYA,
P.S. BHAPTIYAHI, DISTRICT-SUPAUL....PETITIONER.
Versus
THE STATE OF BIHAR..................OPPOSITE PARTY.
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For the Petitioner : Mr. Arun, Advocate.
For the State : Mr. R.P.S. Singh, A.P.P.
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2. 14.12.2010. Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in a case registered under
Sections 341, 324, 504 and 307/34 of the Indian Penal Code
besides Section 27 of the Arms Act and Sections 3/4 of the
Explosive Substance Act.
It has been submitted on behalf of the petitioner
that there is no specific allegation of any overt act upon the
petitioner in the First Information Report. The allegation of
firing is upon one Ram Chander Mukhiya whereas the
allegation of hurling bomb is upon the co-accused, Laxman
Suitihar. At best, the petitioner can be said to be a member of
an unlawful assembly. It has also been submitted that the
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petitioner is having clean antecedent.
Having regard to the facts and the circumstances of
the case, the petitioner, Parmod Mandal, is directed to be
released on bail on his furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the C.J.M. Supaul, in connection
with Bhaptiahi P.S. Case No.51/09, with a further condition
that one of the bailors of the petitioner must be his father.
( Dr. Ravi Ranjan, J)
P.S.