IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85672 of 2024 Arising out of PS. Case No.-267 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ravi Kumar, Son of Bikash Mandal @ Bikash Boss, Resident of Village - Fatehpur, Police Station - Sultanganj, District - Bhagalpur. .. ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Informant : Mr. Pankaj Kumar, Advocate For the State : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 4 16-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prose- cutor for the state. 2. The petitioner seeks bail in connection with Sultan- ganj P.S. Case No. 267 of 2024 instituted for the offences under Sections 341, 323, 452, 326, 307, 302/34 and 120B of the In- dian Penal Code and Section 27 of the Arms Act. 3. The prosecution case in short as per fardbeyan of the informant, Rupam Devi is that one Vikash Mandal @ Vikash Boss, who was having bad intention against the informant, raised objection against him. It is further alleged that on the fateful day Vikash Mandal @ Vikash Boss along with all his family members, the named accused persons including the peti- tioner came to the house of the informant and started indiscrimi- Patna High Court CR. MISC. No.85672 of 2024(4) dt.16-04-2025 2/4 nate firing upon them due to which his husband namely Rajiv Mandal got injury on the chest and his son namely Ayush Ku- mar got injury on the right thigh and right hand. Subsequently, they were taken to the hospital and in the way to the hospital his son died and her husband died during the course of treatment. 4. It is submitted by learned counsel for the petitioner that from the very averment of the FIR it is clear that specific al- legation of firing upon the deceased is upon Vikash Mandal @ Vikash Boss while petitioner and six other named accused per- sons are stated to have assaulted him. However, there is an alle- gation of assault but no injury has been brought on record. It is further submitted that even during course of investigation the in- formant has reiterated what had been stated in the fardbeyan and there is a confessional statement of co-accused Vikash Mandal @ Vikash Boss who has also accepted his guilt. It is also sub- mitted that charge-sheet has already been submitted in the case. It is lastly submitted that the petitioner is having clean an- tecedent and is in custody since 07.06.2024. 5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and have submitted that the petitioner along with other family members had assaulted the informant Patna High Court CR. MISC. No.85672 of 2024(4) dt.16-04-2025 3/4 and others and they were instrumental in instigating and assist- ing the said Vikash Mandal @ Vikash Boss who had shot upon the two deceased person. 6. Considering the aforesaid submissions of respec- tive counsels and taking into account the specific allegation of firing upon Vikash Mandal @ Vikash Boss and the petitioner is stated to be bystander and so far as allegation of assault on the informant was made there is no injury report of any other person having been inflicted with any injury, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Sul- tanganj P.S. Case No. 267 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two con- Patna High Court CR. MISC. No.85672 of 2024(4) dt.16-04-2025 4/4 secutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. Vikash/- (Sourendra Pandey, J) U T