Shiv Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18927 of 2025 Arising Out of PS. Case No.-11 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== 1.
Shiv Kumar Mandal Son of Lalit Narayan Mandal Resident of village - Murarpatti, P.S.- Khutauna, District - Madhubani. 2.
Sant Kumar Mandal Son of Vinod Kumar Mandal Resident of village - Murarpatti, P.S.- Khutauna, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Khutauna P.S. Case No. 11 of 2023, instituted for the offences punishable under Sections 341, 323, 354, 427, 504, 307/34 of the Indian Penal Code read with Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the petitioners along with other co-accused persons are said to have started firing and also disrobed the informant by pulling her blouse and saree.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.18927 of 2025(2) dt.07-04-2025 2/3 petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are not specific rather general and omnibus in nature. It is further submitted that there is case and counter case between the parties and there is also admitted land dispute between the parties. The injury is found simple in nature. The petitioners are in custody since 21.01.2025. Petitioner no. 1 has got three criminal antecedents and petitioner no. 2 has got two criminal antecedents in which petitioner no. 2 is on bail in both the cases.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.18927 of 2025(2) dt.07-04-2025 3/3 below/concerned Court in connection with Khutauna P.S. Case No. 11 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T