Ashish Mandal @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17272 of 2023 Arising Out of PS. Case No.-1181 Year-2022 Thana- BARARI District- Bhagalpur ====================================================== Ashish Mandal @ Ashish Kumar S/O Sri Narendra Kumar Neeraj @ Gopal Mandal Resident Of Housing Board Colony, P.S.-Barari, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhagalpur Kotwali (Barari) P.S. Case No. 1181 of 2022 registered under sections 147, 148, 149, 341, 323, 325, 379, 307, 329, 504, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner along with other coaccused persons is that when the informant was filling soil on his land, in the meantime, they came and started abusing the informant, and one of the co-accused started firing upon the family of the informant. Further when his wife came to rescue the informant then they assaulted her due to which she sustained

Patna High Court CR. MISC. No.17272 of 2023(2) dt.04-04-2023 2/3 injury and his son was also assaulted by accused persons. Further alleged that they snatched mobiles from the informant's wife.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is general and omnibus allegation has been levelled against the petitioner and the motive behind this occurrence is land dispute which is going on between both the parties. Nothing has been recovered from the possession of the petitioner except two mobiles phones, which belong to petitioner himself. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagalpur

Patna High Court CR. MISC. No.17272 of 2023(2) dt.04-04-2023 3/3 Kotwali (Barari) P.S. Case No. 1181 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur or concerned Court. (Sunil Kumar Panwar, J) shubham/- U T