Mithe Mandal @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20807 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- AKBARNAGAR District- Bhagalpur ====================================================== MITHE MANDAL @ MITHLESH KUMAR Son of Triveni Mandal R/oSahabad, P.S.- Akbar Nagar, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Akbarnagar Police Station Case No. 08 of 2020, registered for the offence punishable under Sections 341/323/307/354/504/ 506/379/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other accused persons, assaulted the informant by means of spade on his head.

Learned Counsel for the petitioner submits that both the parties are co-villagers and next door neighbours and there is land dispute between them. He, referring to the case diary, submits that in course of investigation, none of the

Patna High Court CR. MISC. No.20807 of 2020(4) dt.17-09-2020 2/3 witnesses has stated that the petitioner has assaulted the informant on his head. He further submits that there was free fight between the parties and both sides have received injuries. He further submits that the petitioner is in custody since 10.02.2020, having no criminal antecedent.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for bail and submits that the informant has received grievous injury, as per the injury report.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are co-villagers and next door neighbours, having land dispute and the petitioner has remained in custody for about seven months, i.e. from 10.02.2020, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Akbarnagar Police Station Case No. 08 of 2020.

Patna High Court CR. MISC. No.20807 of 2020(4) dt.17-09-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √