Mahabir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31046 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== MAHABIR MANDAL S/O BOUDHU MANDAL R/o village- Losdhani, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Piri Bazar PS case no. 62 of 2020 instituted for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 504, 506 of Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the members of the prosecution party who were trying to help the informant to get up from the ground after he had fallen down on account of being assaulted by the co-accused person namely Ankit Kumar. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and

Patna High Court CR. MISC. No.31046 of 2021(2) dt.13-12-2021 2/2 is languishing in custody since 26.02.2021. The learned counsel for the petitioner has further submitted a general and omnibus allegation has been levelled against him and in fact, as far as the petitioner is concerned, no injury received by any member of the prosecution party, is attributable to him. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is not alleged to have engaged in any sort of specific overt act and moreover, the petitioner is languishing in custody since 26.02.2021, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M., Lakhisarai in connection with Piri Bazar PS case no. 62 of 2020. (Mohit Kumar Shah, J) rinkee/- U T