IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41245 of 2009 BILTU MANDAL, S/o late Rupan Mandal, R/o village Raghopur, P.S. Nathnagar, District Bhagalpur ….. Petitioner Versus STATE OF BIHAR ……… Opp. Party ---- 2 7.12.2009 Heard learned counsel appearing on behalf of the petitioner and the State. Petitioner is in custody in connection with Nathnagar P.S. Case No. 78 of 2009 for offence punishable under Sections 341, 307/34 of the Indian Penal Code. Substance of allegation as set out in the first information report is that this petitioner along with one Pappu Mandal stopped the informant and whereafter the said Pappu Mandal fired on the informant which hit him on his back and right thigh and whereupon he fell down on the road. It is alleged that thereafter the petitioner and the said Pappu Mandal fled away from the place of occurrence thinking that the informant had expired. It is further alleged that the said Pappu Mandal had enmity with them. Learned counsel appearing on behalf of the petitioner submits that save and except the allegation of stopping no other charge has been set out against this - 2 - petitioner. It is further submitted that there is specific allegation as against the other accused Pappu Mandal of firing on informant. He submits that no case under section 307 IPC is made out against this petitioner and that the offence under Section 341 IPC is bailable. Having regard to the facts and circumstances set forth, let petitioner BILTU MANDAL 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 Additional Sessions Judge, Fast Track Court No. IV, Bhagalpur, in connection with S.T. No. 795 of 2009 arising out of Nathnagar P.S. Case No. 78 of 2009. Spd/- (Jyoti Saran, J.)