Dani Mandal @ Devendra Mandal @ Devendra Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41190 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== DANI MANDAL @ DEVENDRA MANDAL @ DEVENDRA PRASAD MANDAL Son of Late - Chamak Lal Mandal Resident of Village - Gorpar, Plymil Ward No. 14, P.S. - Bihariganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Ms. Meena singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Bihariganj Police Station Case No. 196 of 2020, registered for the offence punishable under Sections 448/147/341/323/324/ 307/354-A/379/504/506 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the petitioner entered into the house of the informant along with other accused persons and assaulted the informant by means of garasa on his head, due to which he received head injury.

Learned Counsel for the petitioner submits that both the parties are next door neighbours and there is case and

Patna High Court CR. MISC. No.41190 of 2021(3) dt.20-04-2022 2/3 counter case inasmuch as prior to the date of occurrence, the wife of the petitioner had lodged Bihariganj Police Station Case No. 195 of 2020 against the informant and others, alleging that the informant and other accused persons assaulted the wife of the petitioner and other family members and tried to outrage the modesty of the petitioner's wife. He further submits that the petitioner is in custody since 09.04.2021, having no criminal antecedent and charge sheet has been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are neighbours, there is case and counter case, the petitioner is in custody since 09.04.2021, having no criminal antecedent and charge sheet has already been submitted against him, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Uda Kishunganj, Madhepura, in connection with Bihariganj Police Station Case

Patna High Court CR. MISC. No.41190 of 2021(3) dt.20-04-2022 3/3 No. 196 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √