Gorelal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17218 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- KURSAILA District- Katihar ====================================================== GORELAL MANDAL S/o Radhe Mandal R/o- Kheriya Mandal Tola, P.S.- Kursela, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Kursela P.S. Case No. 48 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.

The allegation in a nutshell is that 14 accused persons including the petitioner surrounded the informant's son and two villagers and assaulted them by means of lathi, danda, iron rod, dabia etc.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has been implicated in this case along with 12 accused persons having general and omnibus allegation. Learned counsel further submits that three persons sustained injuries in which Anil Kumar and Sudhir Kumar sustained simple injury whereas the informant's son sustained grievous injury. He next submits that the petitioner is in custody since 05.01.2022, charge sheet has already been submitted and there is no likelihood that the

Patna High Court CR. MISC. No.17218 of 2022(2) dt.26-05-2022 2/2 petitioner will abscond or tamper with the evidence. Next submission is that similarly situated co-accused persons, namely, Niranjan Mandal @ Niranjan Kumar Mandal and Ankit Kumar have been granted bail by this Court vide Cr. Misc. No. 51599/2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the allegation against the petitioner is general and omnibus in nature, he is in custody since 05.01.2022 having no criminal antecedents, charge sheet has already been submitted and the similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar, in connection with Kursela P.S. Case No. 48 of 2021.

(Anil Kumar Sinha, J) perwez U T