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Patna High CourtCR. MISC./3568/2025bail granted

Amit Mandal v. The State Of Bihar

2025-02-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3568 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== 1.

Amit Mandal S/O Shri Changuri Mandal Resident Of Village- Bangali Tola, P.o- Kalyanpur, P.s- Bariyarpur, Dist- Munger 2.

Aman Mandal S/O Dhananjay Mandal Resident Of Village- Bangali Tola, P.o- Kalyanpur, P.s- Bariyarpur, Dist- Munger 3.

Ajay Mandal Son of Chhanguri Mandal Resident Of Village- Bangali Tola, P.o- Kalyanpur, P.s- Bariyarpur, Dist- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Paswan, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 191(2)(3), 126(2), 115(2), 109, 103(1) of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case in brief, is that on 23.09.2024, these petitioners along with other accused persons having armed with sword, lathi, iron rod, khanti etc. assaulted informant and his family members. It is further alleged that accused persons assaulted brother of informant by means of iron rod and during

Patna High Court CR. MISC. No.3568 of 2025(2) dt.19-02-2025 2/3 the treatment he died.

4. It is submitted on behalf of the petitioners that petitioners are innocent and has committed no offence as alleged. From perusal of the FIR, it is evident that specific allegation of assault is against other co-accused persons namely Dhananjay Mandal, Gorelal Mandal, Chhanguri Mandal, Karelal Mandal, Santosh Mandal, Rohit Mandal and Nakul Mandal who assaulted the brother of informant and there is no specific allegation against the petitioners. So far these petitioners are concerned, allegation against them is general and omnibus. The petitioners have clean antecedent.

5. Learned counsel for the State opposed the bail petition .

6. Considering the aforesaid facts, clean antecedent of the petitioners and other circumstances of the case, this bail application is allowed. In the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Bariyarpur P.S. Case No. 210 of 2024, subject to the conditions laid down under section 482(2) of the

Patna High Court CR. MISC. No.3568 of 2025(2) dt.19-02-2025 3/3 Bharatiya Nagarik Suraksha Sanhita , 2023.

(Prabhat Kumar Singh, J) Suruchi/- U T