Bishwanath Mandal @ Vishwanath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14556 of 2022 Arising Out of PS. Case No.-441 Year-2021 Thana- BELHAR District- Banka ====================================================== BISHWANATH MANDAL @ VISHWANATH MANDAL Son of Late Khopri Mandal, Resident of village - Kadwara, P.S.- Belhar (Khesar), District - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Belhar P.S. Case No. 441 of 2021 lodged under Sections 302 of 34 of Indian Penal Code.

As per the allegation made in the F.I.R that the sister-in-law (Bhabhi) of the informant was sleeping in front of the house, then all of sudden 4 accused persons including the present petitioners visited with lathi, danda and started abusing to the wife of the informant and subsequently attacked on her, as a result she became faint there. Thereafter, accused no.5 Nawita Devi visited and put a blow on the chest of the deceased, thereafter they visited to hospital but the doctor has given

Patna High Court CR. MISC. No.14556 of 2022(2) dt.06-07-2022 2/2 opinion that the sister-in-law (Bhabhi) of the informant died. Learned counsel for the petitioner submits that petitioner is named in the F.I.R and informant is eyewitness but he has not made any specific allegation against anyone rather all allegation are general and omnibus in nature. Petitioner is aged about 72 years and is in custody since 26.12.2021. Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of this case and considering the old age of the petitioner having clean antecedent and charge sheet has already been filed, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Belhar (Khesar) P.S. Case No.441 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J) ravishankar/- U T