Paro Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23673 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Paro Mandal S/O Mannu Mandal @ Munni Mandal Resident Of VillageBangali Tola, Post -Kalyanpur, P.S- Bariyarpur, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Satish Kumar Sinha, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 191(2), 191(3), 126(2), 115(2), 109 and 103(1) of the B.N.S..
3. As per prosecution case, informant, namely Chotu Kumar, alleged that on 23.09.2024, while his father was tying cow, in the meantime, all the F.I.R. named accused persons, including this petitioner, armed with sword, lathi and iron rod, came there and started assaulting father and brother of informant as a result of which both of them sustained injuries and were taken to hospital where, during course of treatment, brother of informant died.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.23673 of 2025(2) dt.02-05-2025 2/3 that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Dhananjay Mandal, Gorelal Mandal, Chhanguri Mandal, Karelal Mandal, Santosh Mandal, Rohit Mandal and Nakul Manda and there is no specific accusation of assault against this petitioner. It is further contended that with regard to occurrence which took place on 23.09.2024, the F.I.R. has been lodged after delay of four days on 27.09.2024 and there is no plausible explanation for the same. At best, this petitioner is only alleged to be member of the mob. Co-accused Amit Mandal, Aman Mandal and Ajay Mandal, having similar and identical allegations, have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 19.02.2025 passed in Cr. Misc. No. 3568 of 2025. Moreover, charge-sheet has already been submitted. Petitioner has got no criminal antecedents and he is in custody since 10.12.2024.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is
Patna High Court CR. MISC. No.23673 of 2025(2) dt.02-05-2025 3/3 allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Munger in connection with Bariyarpur P.S. Case No. 210 of 2024. (Prabhat Kumar Singh, J) shashank/- U T