Patna High CourtCR. MISC./28614/2024allowed

Harihar Mandal v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28614 of 2024 Arising Out of PS. Case No.-467 Year-2023 Thana- BANKA District- Banka ====================================================== Harihar Mandal Son of Late Bhado Mandal Resident of Village - Gidhapahari, Police Station and District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 447, 148, 149, 341, 323, 302 of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he along with other accused persons came to the field of the informant and started plaughing it. When the informant's husband forbade them, they assaulted him on his head leading to his spot death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is admitted land dispute and both the parties are on litigating term. General and omnibus allegation of assaulting is against the petitioner. Furthermore, petitioner is an old man of

Patna High Court CR. MISC. No.28614 of 2024(2) dt.26-04-2024 2/2 70 years. Similarly situated other accused persons have already been enlarged on bail by this Court vide order dated 8.11.2023 passed in Cr. Misc. No. 72243 of 2023. He is languishing in judicial custody since 7.2.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Banka P.S. Case No. 467 of 2023.

(Sunil Kumar Panwar, J) sushma/- U