IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1713 of 2011 PRAKASH MANDAL & ANR Versus THE STATE OF BIHAR ----------- 2 25.02.2011 Heard Mr. Abhay Kumar Singh, learned counsel for the petitioners as well as Mr. M. Rab learned counsel for the state. Petitioners seek their bail in connection with Pirpainti P.S. Case No. 183 of 2003 registered under sections-307, 326, 302, 201/34 of the Indian Penal Code and also section-27 of the Arms Act. Petitioners are named in the FIR but only suspicion has been raised against them in the FIR. It would appear from the FIR as well as materials available on record that FIR named accused, Palasi Mandal who happens to be elder brother of the injured, Sandeep Mandal shot fire at him and after that it came to light that father, mother and younger brother of aforesaid, Sandeep Mandal were also killed and their dead bodies were found in their house. Furthermore, it would appear from the FIR that there was some dispute between Palasi Mandal and deceased persons on account of partition dispute. Learned counsel for the petitioners submits that wife of above-said Palasi Mandal alongwith two other accused persons were put on trial in Sessions Case No. 160 of 2004, Trial No. 25 of 2007 and after full fledged trial, accused, Nageshwar Mandal and Bhairo Modi were acquitted by learned Additional Sessions Judge- (F.T.C. No.-I), Bhagalpur vide judgment dated 06.09.2007 and the - 2 - case of these petitioners more or less stand on similar footing to that of co-accused, Nageshwar Mandal. He also points out that the impugned order of learned Additional Sessions Judge-(FTC-IV), Bhagalpur reveals that two co-accused persons, namely, Ranjeet Mandal and Dewan Mandal have already been granted bail by the learned Additional Sessions Judge itself and the case of these petitioners stands on similar footing to that of co-accused, Ranjeet Mandal as he has also been named in the First Information Report alongwith the petitioners. The impugned order of learned Additional Sessions Judge-(FTC No.-IV), Bhagalpur does not speak any specific material against these petitioners and it appears to me that entire case hinges upon circumstantial evidence but no impeachable circumstance, which could raise finger towards petitioners, has been brought by the prosecution. In the aforesaid circumstances as well as submissions of the parties, the petitioners, namely, Prakash Mandal and Rajendra Mandal are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Pirpainti P.S. Case No. 183 of 2003 to the satisfaction of Chief Judicial Magistrate, Bhagalpur. AKV/- (Hemant Kumar Srivastava,J.)