Patna High CourtCR. MISC./38807/2023bail granted

Lakshmi Mandal v. The State Of Bihar

2023-08-01Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38807 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== LAKSHMI MANDAL SON OF LATE DOMI MANDAL RESIDENT OF VILLAGE- PATTI RATANSAR, WARD NO. 11, PS- CHHATAPUR, DISTTSUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Patla Kumari, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 08.03.2023 in connection with Chhatapur P.S. Case No.31/2023, dated 24.01.2023, for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. According to prosecution case, the petitioner is alleged to have assaulted on the head of the informant by means of farsha due to which he sustained injury on his head.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from

Patna High Court CR. MISC. No.38807 of 2023(3) dt.01-08-2023 2/3 perusal of the F.I.R. it appears that the allegation against the petitioner is that he has assaulted on the head of the informant by means of farsha, due to which he sustained injury on his head but the injury report of the informant suggests that all the injuries sustained by the informant are simple in nature and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.03.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, 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 A.C.J.M.- V, Supaul in connection with Chhatapur P.S. Case No.31/2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.38807 of 2023(3) dt.01-08-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T