Rakesh Mandal @ Rakesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7524 of 2024 Arising Out of PS. Case No.-216 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Rakesh Mandal @ Rakesh Ranjan S/O DEVAN MANDAL @ DEVENDRA MANDAL RESIDENT OF VILLAGE- PIPRA, P.S. BANMANKHI, DIST. PURNEA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Banmankhi P.S. Case no.216 of 2020 registered under sections 302, 147, 148, 149, 341, 323, 325, 120B, 379 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons came variously armed and started to assault the informant's father. While the informant's father was assaulted by Jai Kumar Mandal and Rinku, the petitioner and one another had caught hold of him. Thinking his father to have died, the accused persons went away.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.7524 of 2024(2) dt.20-02-2024 2/2 enmity between the parties. On investigation, the case was found to be false and chargesheet was not submitted against the petitioner. However, the learned trial Court differing with the final form took cognizance in the case. A number of co-accused besides having been enlarged on regular bail, some of them have also been enlarged on anticipatory bail. The petitioner is in custody since 18.10.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., final form having been submitted against the petitioner at the initial stage, grant of anticipatory bail to co-accused Rousan Mandal and Gitesh Mandal vide order dated 6.10.2023 passed in Cr. Misc. no.45461 of 2023 and the petitioner having remained in custody since 18.10.2023, the Court directs the petitioner to be enlarged on bail in connection with Banmankhi P.S. Case no.216 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Purnea.

(Partha Sarthy, J) Saurabh/- U T