Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21914 of 2023 Arising Out of PS. Case No.-334 Year-2020 Thana- BISFI District- Madhubani ====================================================== 1.

Ajay Mandal Son Of Ramesh Mandal Resident Of Village - Bhoj Pandaul, P.S. - Bisfi, Distt. - Madhubani 2.

Bipin Mandal Son Of Ramesh Mandal Resident Of Village - Bhoj Pandaul, P.S. - Bisfi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Bisfi P.S. Case No. 334 of 2020 registered for the offence under Sections 147, 148, 341, 302, 323, 324, 307, 354, 504 of the Indian Penal Code.

As per FIR, allegation against the petitioners is that on the alleged date of occurrence, he along with other co-accused persons assaulted the informant as well as his family members. During course of this incident, co-accused namely, Ramesh Mandal assaulted on the head of informant's father Ramjatan by means of Khanti due to which he succumbed to injury. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.21914 of 2023(2) dt.22-05-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of FIR, it appears that specific against co-accused namely, Ramesh Mandol who assaulted the deceased by means of Khanti due to which he succumbed to injury. General and omnibus allegation of assaulting leveled against the petitioners. Moreover, similarly situated co-accused namely, Abhishek Kamat has already been granted bail by a co-ordinate Bench of this Court vide order 22.4.2022 passed in Cr. Misc. No. 65692 of 2021 and in support of this Annexure-4 has been annexed with this petition. It is further submitted that the petitioners have got no criminal antecedents and they are languishing in judicial custody since long.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bisfi P.S. Case No. 334 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.21914 of 2023(2) dt.22-05-2023 3/3 Judge, IX, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T