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Patna High CourtCR. MISC./26781/2023allowed

Ramesh Mandal v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26781 of 2023 Arising Out of PS. Case No.-334 Year-2020 Thana- BISFI District- Madhubani ====================================================== RAMESH MANDAL S/O- LATE MANGAL MANDAL R/o- 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.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 324, 307, 302, 354, 504 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that he assaulted by means of rod over the head of the informant's father and other co-accused persons also assaulted the family members of the informant due to which they sustained injuries. Thereafter, father of the informant was taken to hospital and during treatment he died.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.26781 of 2023(6) dt.18-12-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics and previous dispute. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. There is no repeated blow upon the father of the informant and it is also submitted that other co-accused persons also assaulted father of the informant. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2020.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ixth, Madhubani. With following condition.

Patna High Court CR. MISC. No.26781 of 2023(6) dt.18-12-2023 3/3 I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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