Anil Mandal @ Anil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16559 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Anil Mandal @ Anil Kumar Mandal S/o Dev Narayan Mandal @ Budhram Mandal Resident of Village- Jhilla Dumri, P.S- Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhaptiyahi P.S. Case No. 118 of 2023 instituted for the offence under Sections 341, 323, 324, 379, 504, 307 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that informant was called for by the petitioner on the pretext on returning an amount of Rs. 80,000/- borrowed by the petitioner. Subsequently, when the informant came, petitioner has assaulted

Patna High Court CR. MISC. No.16559 of 2024(3) dt.30-04-2024 2/3 him by means of dabiya, due to which he sustained injury on his back.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-09-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of four days in lodging of the FIR. So far as injury report is concerned, it is opined to be simple in nature. Hence, injury is not corroborated by the allegation levelled in the FIR. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.16559 of 2024(3) dt.30-04-2024 3/3 Court below/concerned Court in connection with Bhaptiyahi P.S. Case No. 118 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T