Dhiren Mandal @ Dhiren Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34181 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== Dhiren Mandal @ Dhiren Kumar Mandal S/o Sharvan Mandal R/o villageKala Govindpur, Ward No. 01, P.S.- Balua Bazar (Lalitgram O.P.), DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/279/ 341/323 / 324/307/380/447/448/354A/504 of the Indian Penal Code. Petitioner is in custody since 04.06.2020.
Allegation is that he assaulted with Kachiya (a sharp cutting weapon) causing injury at the backside of head of Jago Mandal. The doctor has found one laceration at the scalp of Jago Mandal measuring 2" x 1/2" x 1" into skin deep.
Submission is that the prosecution allegation is not corroborated by medical evidence because scalp is not a part of
Patna High Court CR. MISC. No.34181 of 2020(3) dt.12-02-2021 2/2 the body which is at the backside of the head. Considering the period already undergone by the petitioner and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No.13 of 2020, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) Mkr./- U T