Sintu Mandal @ Sentu Mandal @Sentu Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35171 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Sintu Mandal @ Sentu Mandal @Sentu Kumar Mandal SON OF LATE SUBODH MANDAL VILLAGE- BAGHUA, PS- MIRGANJ, DISTPURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.Tr. No. 158 of 2024/CIS No. 158 of 2024 arising out of Mirganaj P.S. Case No. 217 of 2023 instituted for the offence under Sections 341, 323, 324, 325, 307, 120, 354, 379, 385 and 34 of the Indian Penal Code later on Section 302 of the I.P.C. was also added.
3. As per prosecution case, the informant alleged that all the accused persons due to enmity brutally assaulted her husband when he had gone to see his agricultural land along with his retarded son and snatched Rs. 5000/- and a mobile phone.
5. It has been submitted by the petitioner's counsel that
Patna High Court CR. MISC. No.35171 of 2024(2) dt.07-05-2024 2/3 petitioner has been falsely implicated in the present case due to enmity. Charge-sheet has already been submitted in this case. General and omnibus allegation has been alleged against the petitioner. As per impugned order, statement of the injured Pankaj Kumar Mandal (now deceased) was recorded and he has stated that co-accused, namely, Siya Ram Mandal pierced spear in his thigh and other persons also assaulted him by means of axe. The only allegation against the petitioner is of snatching Rs. 5,000/- and a mobile from the pocket of the injured. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. Co-accused namely Vijay Mandal has been enlarged on bail vide order dated 02.04.2024 passed in Cr. Misc. No. 22843 of 2024.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.35171 of 2024(2) dt.07-05-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No. 158 of 2024/CIS No. 158 of 2024 arising out of Mirganaj P.S. Case No. 217 of 2023. (Rudra Prakash Mishra, J) Prakash/- U