Patna High CourtCR. MISC./23912/2023bail granted

Subodh Mandal v. The State Of Bihar

2023-05-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23912 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- SARSI District- Purnia ====================================================== Subodh Mandal Son Of Kameshwar Mandal R/V And Post- Maliniyan, Balua Kachhari, Ps- Sarsi. Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate Mr. Amritanshu Udbhava, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sarsi (Purnea) P.S. Case No. 51 of 2021 dated 20.05.2021, instituted for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 18.05.2021 at about 09:00 pm, 6 accused persons (including petitioner) assaulted informant's mother. It is further alleged that on 20.05.2021, informant's mother fainted and died due to head injury caused by the assault.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that informant is not the eye-witness of the

Patna High Court CR. MISC. No.23912 of 2023(2) dt.23-05-2023 2/2 alleged occurrence. He further submitted that the allegation against the petitioner is general and omnibus in nature. It is further submitted that other accused persons namely, Barun Mandal and Pramod Kumar Mandal have been granted bail by the Co-ordinate Benches of this Court vide Criminal Miscellaneous No. 68887 of 2021 and Criminal Miscellaneous No. 6133 of 2023 on 23.08.2022 and 02.05.2023 respectively. Lastly, it has been submitted that the petitioner is in custody since 09.12.2022 having no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Sarsi (Purnea) P.S. Case No. 51 of 2021. (Khatim Reza, J) Sankalp/- U T