Patna High CourtCR. MISC./28861/2022bail granted

Gyandip Mandal @ Gyandeep Mandal v. The State Of Bihar

2022-09-01Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28861 of 2022 Arising Out of PS. Case No.-203 Year-2017 Thana- BANKA District- Banka ====================================================== GYANDIP MANDAL @ GYANDEEP MANDAL Son of Vijay Mandal Resident of Village - Jitarpur, Police station- Banka, District - Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Binod Kumar no. 3APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in Banka P.S Case No. 203 of 2017 registered for the offences punishable under Sections 307, 427 and other allied sections of the Indian Penal Code. The main allegation is that on the fateful day of the alleged occurrence, a school going girl was crushed to death by a truck and then a mob consisting of 400-500 persons gathered and at the instigation of 4/5 persons several trucks were set on fire. The main submissions advanced by Sri Praveen Kumar, the learned counsel appearing for the petitioner are that petitioner is not named in the FIR, in respect of alleged occurrence of damaging vehicles four cases i.e. Banka P.S. no. 188/2017, Banka P.S. no. 189/2017, Banka P.S. no. 190/2017 and Banka P.S. no. 191/2017

Patna High Court CR. MISC. No.28861 of 2022(2) dt.01-09-2022 2/2 have been lodged and the petitioner is on bail in two cases and he has been languishing in jail since 7.4.2022.

Sri Binod Kumar no.3, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions as well as custody period of the petitioner and taking into account the fact that the petitioner is not named in the FIR and at the time of alleged occurrence huge crowd assembled which committed the occurrence, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Banka P.S Case No. 203 of 2017.

(Shailendra Singh, J) s.hassan/- U T