Raghuvir Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53025 of 2017 Arising Out of PS.Case No. -450 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Raghuvir Mandal, Son of Late Shyamlal Mandal, Resident of village - Kodwar, P.S.-Ghogha (Kahalgaon), District-Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Session Trial No. 700 of 2017 arising out of Kahalgaon (Ghogha) P.S. Case No. 450 of 2016 registered under Sections 147, 149, 448, 342, 323, 379, 504, 506 and 302 of the Indian Penal Code.
7 named accused along with 8/20 unnamed accused persons are said to have assaulted the son and nephew of the informant by means of but of the gun and rifle. The nephew of the informant succumbed to his injury.
It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. The allegation levelled against the petitioner is not specific rather omnibus. The
Patna High Court Cr.Misc. No.53025 of 2017 (3) dt.13-12-2017 2/2 injury sustained by the victim is simple in nature caused by hard and blunt substance. The deceased had sustained only one simple injury caused by hard and blunt substance on his shoulder and the doctor conducting the autopsy of the cadaver of the deceased has opined the cause of death as disease of lungs and heart. The petitioner has been languishing in custody since 14.07.2017. Similarly situated co-accused, namely, Mantu Mandal has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 53034 of 2017 vide order dated 21.11.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Bhagalpur in connection with Session Trial No. 700 of 2017 arising out of Kahalgaon (Ghogha) P.S. Case No. 450 of 2016.
(Prakash Chandra Jaiswal, J) Mishra/- U T