Deo Narayan Mandal @ Dev Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31589 of 2019 Arising Out of PS. Case No.-232 Year-2017 Thana- BHARGAMA District- Araria ====================================================== DEO NARAYAN MANDAL @ DEV NARAYAN MANDAL Son of Late Baidya Nath Mandal Resident of Village - Paikpar Sonapur ward No.03, P.S.- Bhargama, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bhargama P.S. Case No. 232/2017, instituted for offences under Sections 341, 323, 324, 427, 354B, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

Earlier prayer for bail of petitioner was twice rejected by this Court vide Cr. Misc. Nos. 58457/2018 dated 26.10.2018 and 75640/2018 dated 19.12.2018 with liberty to renew the prayer for bail after six months if no substantial progress is made in the case.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. For the

Patna High Court CR. MISC. No.31589 of 2019(3) dt.19-06-2019 2/3 occurrence of same day, brother of petitioner has lodged Bhargama P.S. Case No. 233/2017.

Report from the court below regarding stage of trial has been received, wherein it is mentioned that case is fixed for charge on 30.05.2019.

From the report of court below it appears that not a single witness has been examined till date.

In the instant case, there is allegation against this petitioner of assaulting the sister-in-law of informant on head with Farsa.

There is case and counter case between the parties. The injury has been sustained by the other side also. Petitioner is in custody since 28.06.2018.

Keeping in view the period of custody spent by petitioner and no any substantive progress having been made in the trial, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned S.D.J.M., Araria in connection with Trial No. 5384/2019, arising out of Bhargama P.S. Case No. 232/2017, subject to the conditions that (I) both the bailors shall be the close relative of

Patna High Court CR. MISC. No.31589 of 2019(3) dt.19-06-2019 3/3 the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T