Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6784 of 2023 Arising Out of PS. Case No.-83 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== AJAY MANDAL Son of Bhushan Mandal R/V- Haradawan, P.S- Dobhi, DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he in anger threw his youngest son on the ground due to which he sustained head injury and died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted that the wife of the petitioner passed away a month ago and he wants to keep his all sons with him but the informant and other in-

Patna High Court CR. MISC. No.6784 of 2023(4) dt.11-09-2023 2/2 laws are pressurizing him to leave his youngest son with him. It is further submitted that there is no intention to kill the deceased, it happened at the spur of moment while in-laws of the petitioner were snatching his son from him at that time his son slipped from his hand and fell down on the ground due to which he sustained head injury and died. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.05.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati P.S. Case No. 83 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya. (Sunil Kumar Panwar, J) Manishkumar/- U T