Vijay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19241 of 2023 Arising Out of PS. Case No.-229 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Vijay Kumar Mandal Son of Shyam Mandal R/V- Biraul, P.S- Pandaul, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 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 a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 and 379 of the Indian Penal Code. Later on Section 302 of the IPC was added. The allegation against the petitioner along with other accused is of assaulting the informant and his family members by means of lathi-danda, Axe and Farsa due to which they sustained injury.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. There is case and counter case between the parties. There is no specific overt-act against this petitioner. There is general and omnibus allegation of committing murder against the petitioner and other accused persons. The

Patna High Court CR. MISC. No.19241 of 2023(3) dt.17-07-2023 2/2 allegation against the petitioner is that he assaulted the informant with farsa but as per injury report the doctor has not found sharp cutting injury. Similarly situated co-accused namely Raju Mandal has already been granted bail by a co-ordinate Bench of this Court vide order dated 21.02.2023 passed in Cr. Misc. No. 56268 of 2022. It is also submitted that petitioner is languishing in judicial custody since 24.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pandaul P.S. Case No. 229 of 2020 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 C.J.M., Madhubani.

(Sunil Kumar Panwar, J) lata/- U T