IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28873 of 2010 MANGAN MANDAL @ MAHENDRA MANDAL Versus STATE OF BIHAR ----------- 04 01.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by learned counsel for the informant. Petitioner is named in the F.I.R. and admittedly there was land dispute between petitioner and the informant. It is also an admitted position that the deceased was sleeping at Basa when he was killed. In course of investigation, informant and his wife claimed before the police that they were also sleeping in the same Basa at the time of alleged occurrence but when petitioner and other accused came there, informant had gone to attend the call of nature and his wife had come out of the aforesaid Basa. She claimed that she had seen the petitioner and other co-accused fleeing away from the aforesaid Basa. Paragraph 6 shows that when I.O. visited the place of occurrence he did not find anything to show this fact that at the time of alleged occurrence informant as well as his wife and deceased were sleeping in the same Basa. Moreover, the impugned order of learned Sessions Judge reveals that one Charitar Mandal had claimed to see the petitioner and other co-accused fleeing away from the place of occurrence and except the aforesaid materials as well as the previous dispute there is nothing against 2 the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties coupled with materials available in the case diary, petitioner, namely, Mangan Mandal @ Mahendra Mandal, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Madhepura in connection with Chousa P.S. Case No. 03 of 2010 registered under Sections 302/34 of the I.P.C. and 27 of the Arms Act. Shahzad ( Hemant Kumar Srivastava, J.)