Shivjee Mandal @ Shivji Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41116 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- PIPRA District- Supaul ====================================================== 1.
Shivjee Mandal @ Shivji Kumar Son of Badri Mandal Resident of Village - Thumha, Police Station - Pipra, District - Supaul 2.
Kundan Mandal Son of Madhusudan Mandal Resident of Village - Thumha, Police Station - Pipra, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the State :
Mr. Syed Mojibur Rahman, A.P.P.
For the Informant :
Mr. Akshay Lal Pandit, Advocate Mr. Arvind Kumar, Advocate Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with Pipra P. S. Case No. 186 of 2023 in a case registered for the offences punishable under Sections 341, 342, 323, 147, 149, 307, 302 of the Indian Penal Code.
3. As per F.I.R., all the accused persons including these petitioners assaulted the husband of informant by means of khanti, iron rod, stones and bricks as a result of which he succumbed to injuries.
4. Learned counsel for the petitioners submits that specific accusation of assault is against co-accused Badri
Patna High Court CR. MISC. No.41116 of 2024(2) dt.23-08-2024 2/2 Mandal and Ramfal Mandal who are alleged to have given khanti and iron rod blow on the head of the deceased. Allegation of using stones and bricks against the petitioners is general and omnibus and petitioner are in custody since 28.02.2024. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 01.11.2023 passed in Cr. Misc. No. 70525 of 2023. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of allegation, clean antecedent and period of custody, the bail application is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Pipra P. S. Case No. 186 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T