Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34159 of 2019 Arising Out of P.S. Case No.-20 Year-2019 Thana- RAHIKA District- Madhubani ====================================================== BHOLA MANDAL, Male, aged about 40 years, Son of Taru Mandal Resident of Village - Dumri, P.S.- Rahika, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimal Kumar, Advocate For the Opposite Party :

Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Rahika P.S.Case No.20 of 2019 registered for an offence under sections 302/34 of the Indian Penal Code.

It is alleged in the FIR that all the accused persons assaulted the brother of the informant with various weapons. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. He further submits that there is general and omnibus allegation against this petitioner and no specific overt-act has been alleged against this petitioner and no fatal injury is alleged to have been caused by the petitioner. Petitioner has got no criminal antecedent. Petitioner is in custody since 28.02.2019. It is

Patna High Court CR. MISC. No.34159 of 2019(3) dt.28-08-2019 2/2 further submitted that the present case has been filed by the informant only to save his skin because he is an accused in Rahika P.S.Case No.11 of 2019 registered under Sections 341, 323, 324 and 372 of the Indian Penal Code, which was lodged by the present petitioner.

In the view of the aforesaid facts, let the above named 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 learned Additional Chief Judicial Magistrate-Ist, Madhubani in connection with Rahika P.S.Case No.20 of 2019 with condition that the petitioner shall fully cooperate in the trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T