Mahendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15872 of 2021 Arising Out of PS. Case No.-319 Year-2015 Thana- JAYNAGAR District- Madhubani ====================================================== Mahendra Das Son of Dukhi Das Resident of Village- Dullipatti, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Mohammad Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2021 Heard learned counsel for the parties.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 307 and other sections of the Indian Penal Code.

As per the prosecution case, the accused persons including eight named accused persons came variously armed and assaulted the informant and others leading to many persons being injured. It is stated that Ram Kumar Das assaulted the informant with the tangari while others assaulted them with brick, iron rod, etc.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case. There is a case and counter case between the parties. The allegations are general and omnibus in nature. The petitioner is

Patna High Court CR. MISC. No.15872 of 2021(4) dt.27-09-2021 2/2 in custody since 10.10.2020. Further referring to the supplementary affidavit it is submitted that charge has been framed in the learned trial Court with Sessions Trial no.238 of 2021 pending before the learned Additional Sessions Judge-V, Madhubani.

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

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations levelled against the petitioner in the F.I.R. together with the period in custody and the petitioner not having any criminal antecedent, this Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.238 of 2021 (arising out of Jainagar P.S. Case no. 319 of 2015 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 Additional Sessions Judge-V, Madhubani.

It is directed that the petitioner shall cooperate in the trial in the learned trial Court and in case of noncooperation on the part of the petitioner, learned trial Court shall be at liberty to cancel the bail bond of the petitioner.

(Partha Sarthy, J) Bibhash/- U