Mandhan Kumar @ Mandhan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31621 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== MANDHAN KUMAR @ MANDHAN THAKUR Son of Tarkeshwar Singh Resident of Village- Rampur Kothi, P.S.- Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Bhagwanpur Hat P.S. Case No. 129 of 2020, disclosing offence punishable under Section 307 and other allied Sections of the Indian Penal Code.

As per the case of the prosecution, as disclosed in the FIR the informant, a Teacher in Acharya Drone B.Ed. College, Rampur, was functioning as the Nodal Officer of a Covid-19 Centre established in the College. Allegedly, the persons named in the FIR entered into the campus of the College and started assaulting the inmates.

Learned counsel appearing on behalf of the petitioner has submitted that 4-5 members of the family have

Patna High Court CR. MISC. No.31621 of 2020(3) dt.04-12-2020 2/3 been implicated in the FIR out of personal vendetta. It has been asserted in the application that the person, who runs the B.Ed. College, is an agnate of the petitioner and out of personal grudge the petitioner and his family members have been implicated. It has further been stated that the petitioner was working as driver of the person who runs the College and there was certain dues payable to the petitioner for which he was raising his demand. In reaction to the said demand, the petitioner and his family members were assaulted, which led to registration of Bhagwanpur Hat P.S. Case No. 130 of 2020 on the same day. It has been argued that the petitioner has been maliciously implicated in the present case, in which he is in custody since 10.06.2020. The assault is said to have been made with lathi, danda and iron rod.

Considering the aforesaid stand taken by the petitioner and the nature of accusation, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned 1st Class Judicial Magistrate, Siwan, in Bhagwanpur Hat P.S. Case No. 129 of 2020.

It is directed that defects in the application pointed

Patna High Court CR. MISC. No.31621 of 2020(3) dt.04-12-2020 3/3 out by the Registry must be removed within two months from today.

(Chakradhari Sharan Singh, J) Rajesh/- U T