Giro Mandal @ Girdhari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5102 of 2022 Arising Out of PS. Case No.-74 Year-2016 Thana- AMARPUR District- Banka ====================================================== Giro Mandal @ Girdhari Mandal Son of Late Ramroop Mandal Resident Of Village And Post- Bhadariya, P.S.- Amarpur, District- Banka, Bihar-813102 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar @Deepak Sahay, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 74 of 2016 registered for the offence under Sections 341, 325, 307, 447, 504 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 24.11.2021.

The allegation against the petitioner is to assault informant/ injured with khanti, lathi, rod, etc. along with other co-accused persons, causing injury over head and hand, having intention to cause death.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.5102 of 2022(3) dt.19-09-2022 2/2 submitted that occurrence is founded over trivial issue as entry of street dog into the house of informant. It is further submitted that the allegation as regard to assault is appearing very much general and omnibus against this petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation as regard to alleged assault is appearing very much general and omnibus coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Amarpur P.S. Case No. 74 of 2016 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T