Manoj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6937 of 2022 Arising Out of PS. Case No.-316 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Manoj Mandal Son of Kishun Dev Mandal Resident of Village- Bahadurpur, P.S.- Gogri, Distt- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr. Ashok Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within four weeks from today.
The petitioner seeks regular bail in connection with Gogri P.S. Case No. 316 of 2020 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 332, 333, 307, 337, 338, 353, 504, 506, 224, 225 and 427 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 02.12.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from perusal of the First Information Report, it would manifest that
Patna High Court CR. MISC. No.6937 of 2022(2) dt.15-06-2022 2/3 the informant alleges that absconding accused Ram Pukar Mandal tried to flee from the police custody and when the police party reached for apprehending him the said accused with the help of 39 F.I.R. named and 40/50 unknown attacked the police party by means of lathi, danda and stone with a view to escape him from police party.
Learned counsel for the petitioner further submits that petitioner has falsely been implicated in this case and has not committed any offence as far as allegation in the F.I.R. is concerned, the same is general and omnibus in nature. It is further submitted that other similarly situated co-accused namely, Pardeshi Mandal has been granted bail vide order dated 12.04.2021 passed in Cr. Misc. No. 4771 of 2021, Ram Pukar Mandal has been granted bail vide order dated 15.04.2021 passed in Cr. Misc. No. 6014 of 2021, Arbind Mandal has been granted bail vide order dated 13.12.2021 passed in Cr. Misc. No. 38279 of 2021, Punit Mandal has been granted bail vide order dated 13.12.2021 passed in Cr. Misc. No. 41058 of 2021 and other nine co-accused have been granted anticipatory bail vide order dated 06.01.2022 passed in Cr. Misc. No. 13841 of 2021 by a Co-ordinate Bench of this Court (Annexure-2). Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.6937 of 2022(2) dt.15-06-2022 3/3 prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 02.12.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 316 of 2020.
(Khatim Reza, J) Gaurav Kumar/- U T