IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23730 of 2011 Gautam Mandal Versus The State Of Bihar ---------------------------------- 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.)