Mithun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21672 of 2016 Arising Out of PS.Case No. -60 Year- 2014 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Mithun Mandal Son of Nand Kishore Mandal Resident of Village Amarpur, PS Bihpur, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bihpur P.S. Case No. 60 of 2014 registered under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.

It is contended that the informant Bhado Yadav being an eye-witness to the occurrence has alleged in the FIR that one Nand Kishore Mandal and Abodh Mandal were the two persons, who had assaulted with lathi on the head of the nephew of the informant, namely, Ashok Kumar Yadav, who died subsequently during treatment. He has further submitted that in view of the fact that the informant himself was an eye-witness, there was no occasion for addition of names of other persons as

Patna High Court Cr.Misc. No.21672 of 2016 (2) dt.19-05-2016 2/2 accused in the FIR. The subsequent addition of names of the petitioner and others is nothing but an afterthought. Learned counsel for the State has opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, the petitioner Mithun Mandal, who is reported to be a man of clean antecedent and is in custody since 11th March, 2016, is directed to be released on bail 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 Chief Judicial Magistrate-II, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 60 of 2014.

(Ashwani Kumar Singh, J) Pradeep/- U T