Vijay Mandal @ Vijay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22843 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Vijay Mandal @ Vijay Kumar Mandal Son of Sri Siya Sharan Mandal Resident of Village- Baghua, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mirganaj P.S. Case No. 217 of 2023 instituted for the offence under Sections 341, 323, 324, 325, 307, 120, 354, 379, 385 and 34 of the Indian Penal Code later on Section 302 of the I.P.C. was also added.

3.

As per prosecution case, the informant alleged that all the accused persons including the petitioner due to enmity brutally assaulted her husband when he had gone to

Patna High Court CR. MISC. No.22843 of 2024(2) dt.02-04-2024 2/3 see his agricultural land along with his retarded son. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2023. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to enmity. Charge-sheet has already been submitted in this case. General and omnibus allegation has been alleged against the petitioner. As per impugned order, statement of the injured Pankaj Kumar Mandal (now deceased) was recorded and he has stated that co-accused, namely, Siya Ram Mandal pierced spear in his thigh and other persons also assaulted him by means of axe but he has not stated about complicity of this petitioner in the alleged occurrence.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.22843 of 2024(2) dt.02-04-2024 3/3 bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mirganaj P.S. Case No. 217 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T