Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52257 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -PIPRA District- SUPAUL ====================================================== Arjun Mandal, Son of Nandlal Mandal, Resident of Koshalipati, Police Station-Pipra & District-Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Pipra P.S. Case No. 137 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324 and 307 and Section 302 of the Indian Penal Code. The informant who is the father of the deceased. In his written complaint he had stated that on 11.07.2017 at about 8:00 P.M. the son of informant Chetanand Mandal was returning to his house then six accused persons including the petitioner surrounded him and started assaulting with iron rod and lathi, at that time the younger son of informant also reached there then accused petitioners threatened him that they will also kill him and he fled

Patna High Court Cr.Misc. No.52257 of 2017 (2) dt.09-11-2017 2/2 away to his house and told the informant about the occurrence, thereafter the informant and other villagers reached at the place of occurrence, they found his son was unconscious, then they took him to Sadar Hospital, Supaul from where his son was referred to Gaytri Nursing Home, Saharsa and from there he was referred to PMCH where he died due to head injury on 05.08.2017. Learned counsel for the petitioner submitted that the FIR was lodged after six days of incident. It has further been submitted that there is general and omnibus allegation against all accused persons. The delay explained by the informant is that on account of treatment of his son he could not registered the FIR.

It has further been submitted that petitioner has no criminal antecedent and he is in custody since 06.08.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Pipra P.S. Case No. 137 of 2017. (S.