Bechan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11893 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Bechan Mandal Son of Late Panchu Mandal Resident of Belari, Ward No. 5, Madhepura, P.S. -Kumarkhand (Belari O.P.), District - Madhepura 2.

Mukesh Kumar @ Gurchan Mandal @ Gurchun Mandal Son of Bechan Mandal Resident of Belari, Ward No. 5, Madhepura, P.S. -Kumarkhand (Belari O.P.), District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Supriya Kumari For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 302, 447, 379, 504 of the Indian Penal Code.

3. Prosecution case, in nutshell, is that petitioners along with other co-accused persons, variously armed, came and started loading bag of maize. When the informant's husband raised protest, accused persons assaulted him due to which he sustained injuries and succumbed to injuries on way to hospital.

Patna High Court CR. MISC. No.11893 of 2025(3) dt.28-05-2025 2/3

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in the present case. There is inordinate delay of 15 days in lodging the FIR. It is further submitted that postmortem report does not support the prosecution version of the case. Additionally, charge-sheet has been submitted after completing the investigation. Moreover, the petitioners are languishing in judicial custody for more than 10 months. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused Prakash Mandal @ Prakash Kumar has already been granted bail vide order dated 22.01.2025, passed in Cr. Misc. No. 75602 of 2024 by the co-ordinate Bench of this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioner is

Patna High Court CR. MISC. No.11893 of 2025(3) dt.28-05-2025 3/3 directed to be enlarged on bail in connection with Kumarkhand (Belari O.P.) P.S. Case No. 164 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura.

(S. B. Pd. Singh, J) Nirajkrs/- U T