Om Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30888 of 2020 Arising Out of PS. Case No.-125 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== OM PRAKASH MANDAL, aged about 24 years, S/o Vishwanath Mandal, Resident of Village-Mahua, P.S.-Saharghat, District-Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravi Prakash, Advocate.

For the Opposite Party :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

A supplementary affidavit has been filed on behalf of the petitioner indicating therein the date of custody of the petitioner. The same may be kept on record.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341,323, 504, 354, 379 and 307/34 of

Patna High Court CR. MISC. No.30888 of 2020(3) dt.14-12-2020 2/3 the I.P.C.

The prosecution story, in brief, is that petitioner alongwith one co-accused assaulted the informant with Dabia on his neck, causing injury to him.

Earlier bail application of the petitioner was rejected by the then Co-ordinate Bench of this Court vide Cr. Misc. No. 1606 2020 under order dated 28.01.2020 with an observation that the petitioner may renew his prayer for bail after framing of charge, annexed as Annexure-1 to the present application. In pursuance to the aforesaid observation made by the then Co-ordinate Bench of this Court, the present bail application has been preferred by the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 08.09.2019. The petitioner has got no criminal antecedent. Charge has been framed in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released

Patna High Court CR. MISC. No.30888 of 2020(3) dt.14-12-2020 3/3 on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Madhubani, in connection with Harilakhi P.S. Case No. 125/2019, S.T. No. 58 of 2020.

(Sudhir Singh, J) U.K./- U T