Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37135 of 2023 Arising Out of PS. Case No.-260 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== RAJENDRA MANDAL SON OF ANANDI MANDAL RESIDENT OF VILLAGE - PRATAP NAGAR, POLICE STATION - MURLIGANJ, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S. Case No. 260 of 2020 dated 31.8.2020 registered for the offence punishable u/s 341, 323, 324, 325, 307, 379, 302, 34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including the petitioner assaulted the husband and son of the informant. It is specifically alleged against co-

Patna High Court CR. MISC. No.37135 of 2023(2) dt.07-07-2023 2/3 accused Jai Krishna Mandal that he assaulted with farsa on the head of the informant's husband. It is also specifically alleged against co-accused Subhash Mandal and Tarani Mandal that they also assaulted the husband and son of the informant. Consequently, the husband of the informant succumbed to the injuries.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of assault is against the coaccused persons namely Jay Krishna Yadav (Mandal) who assaulted with farsa and the other co-accused are Subhash Mandal. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 27.2.2023 passed in Cr. Misc. No. 66052 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.1.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.37135 of 2023(2) dt.07-07-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Murliganj P.S. Case No. 260 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T