Rajendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34435 of 2015 Arising Out of PS.Case No. -63 Year- 2012 Thana -MURLIGANJ District- MADHEPURA ====================================================== Rajendra Mandal Son of Late Muni Mandal @ Buni Mandal R/o Village Ratanpatti, P.S. Murliganj, District Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : M/s Vikram Deo Singh and Pawan Kumar, Advocates For the State : Mr. Ram Chandra Sahni, APP. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case registered for offences punishable under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code.
It is contended on behalf of the petitioner that, as per the allegation, the son of the informant went to the house of the Sarpanch and told him as to why he is taking his name with regard to the death of Shivnandan Mandal, however, at the instigation of the Sarpanch the thirteen named accused persons along with 50-60 unknown persons started assaulting his son with lathi and danda causing his death. It is submitted that it would appear from the post-mortem report that the deceased, Sanjay Ram, had died due to injury no. 2 which he received by hard and blunt substance and,
Patna High Court Cr.Misc. No.34435 of 2015 (3) dt.16-10-2015 as such, there is only one fatal injury whereas the allegation is that more than 70 persons have assaulted the deceased and the petitioner is one of them. It is further submitted that the petitioner's antecedent is clean and it is obvious that there is omnibus and general allegation against more than 70 and no specific allegation against the petitioner.
Having regard to the facts and circumstances of the case, the petitioner, namely, Rajendra Mandal, 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 Chief Judicial Magistrate, Madhepura, in Murliganj P.S. Case No. 63/2012.
(Dr. Ravi Ranjan, J) SC/- U T