Ratan Mandal @ Ratna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11465 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Ratan Mandal @ RATNA MANDAL S/O ARUN MANDAL RESIDENT OF GARA TIKAR, PS. FULLIDUMER, DIST. BANKA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kharagpur P.S. Case No. 254 of 2023 lodged under Sections 341, 323, 307, 302/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against seven named accused persons including the petitioner. It has been alleged that on the date of marriage, the said occurrence took place and the allegation against the petitioner is that he has assaulted by wooden balla on the head of the deceased due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both petitioner and informant's side are resident of same

Patna High Court CR. MISC. No.11465 of 2024(2) dt.22-02-2024 2/3 village and basically adjacent neighbour.

5. Counsel submits that for the same date and place of occurrence, two F.I.Rs. have been lodged. One F.I.R. has been lodged from the informant's side and another from the petitioner's side which was not accepted by the police then, it was filed before the Compliant Case to refer the F.I.R. under section 156(3) of Cr.P.C. which is Annexure-2 of the bail petition. He submits that the F.I.R. from the informant's side bearing Kharagpur P.S. Case No.254 of 2023 and another from the petitioner's side bearing Kharagpur P.S. Case No.421 of 2023 followed by Complaint Case No.519 of 2023 has been lodged after passing order by the C.J.M. under Section 156(3) of the Cr.P.C.

6. Counsel further submits that neither petitioner nor informant is criminal rather at the spur of the moment, this occurrence took place which has been little bit changed by the informant's side.

7. Counsel for the petitioner submits that petitioner is in custody since 09.05.2023 having clean antecedent and charge-sheet has already been filed in this case.

8. Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.11465 of 2024(2) dt.22-02-2024 3/3

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth Munger in connection with Kharagpur P.S. Case No. 254 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T