Sachcho Mandal @ Sachchida Nand Mandal @ Sachho Mandal @ Sachidanand Mandal @ Sachcho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36738 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== SACHCHO MANDAL @ SACHCHIDA NAND MANDAL @ SACHHO MANDAL @ SACHIDANAND MANDAL @ SACHCHO Son of Late Sajjan Mandal Resident of Village - Bhitti, P.S.- Shambhuganj, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 30.12.2018 in connection with Shambhuganj P.S. Case No. 86 of 2018, G.R. No. 1410 of 2018 for offences punishable under Sections 323, 341, 354, 379, 504, 506, 302 and 34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while her husband had gone for natural call, the petitioner and other co-accused altogether 7 persons assaulted the informant's husband by means of lathi and danda on which he

Patna High Court CR. MISC. No.36738 of 2019(2) dt.17-06-2019 2/3 became seriously injured.

The petitioner was earlier granted bail but subsequently when the informant's husband died, charge-sheet has been submitted under Section 302 I.P.C. and as such bail bond of the petitioner has been cancelled.

Learned counsel for the petitioner submits that the petitioner has not misused the privilege of bail and once bail has been granted there is no reason to cancel the bail bond unless there is allegation of misuse of privilege of bail by the petitioner. He submits that two of the co-accused in similar circumstances have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 5907 of 2019 by order dated 04.02.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the fact that the petitioner does bear any criminal antecedent and earlier the petitioner was granted the privilege of bail, there being no misuse of privilege of bail, let the petitioner above named be enlarged 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

Patna High Court CR. MISC. No.36738 of 2019(2) dt.17-06-2019 3/3 Sub Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 86 of 2018 (G.R. No. 1410 of 2018).

(Nilu Agrawal, J) devendra/- U T