Rupesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35973 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Rupesh Mandal, Son of Sri Pabhu Mandal R/o Vill.- Thadhi, P.S.- Barhara, Dist.- Purnea 2.

Gupesh Mandal, Son of Sri Prabhu Mandal, R/o Vill.- Thadhi, P.S.- Barhara, Dist.- Purnea ... ... 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. Madhura Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Barhara P.S. Case No. 35 of 2023 for the offences registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302 and 504 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence when wife of informant was coming house after giving meal to the informant in the field, F.I.R. named accused persons including the petitioners came and assaulted the wife of informant with iron rod. The accused persons also assaulted the daughter, son and father of the informant causing injury due to

Patna High Court CR. MISC. No.35973 of 2024(2) dt.10-05-2024 2/2 which daughter of informant succumbed to injury.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Nothing incriminating has been recovered from possession of the petitioners. There is no specific allegation against the petitioners. They have no criminal antecedents. They are in custody since 17.02.2024. It is further submitted that similarly situated co-accused, namely, Sanju Devi, has already been granted bail by this Court, vide order dated 23.01.2024 passed in Cr. Misc. No. 84804 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Barhara P.S. Case No. 35 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T