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Patna High CourtCR. MISC./44746/2024bail granted

Vinod Mandal @ Binod Mandal @ Nanhku v. The State Of Bihar

2024-06-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44746 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- TIKAPATTI District- Purnia ====================================================== Vinod Mandal @ Binod Mandal @ Nanhku Son Of Nand Lal Mandal VillageDumari, P.S.- Tikapatti, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Tikapatti P.S. Case No. 77 of 2023 instituted for the offence under Sections 341, 323, 504, 506, 307, 379 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused persons including the petitioner has assaulted the informant and his family members by means of fire arms, lathi, iron rod due to which they sustained injuries.

Patna High Court CR. MISC. No.44746 of 2024(2) dt.27-06-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-03-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation levelled against the petitioner. Specific allegation of assault is against co-accused, namely Chhatish Mandal and Nanhaku @ Binod Mandal. So far as injury sustained by informant and his brother is concerned, the same is simple in nature while the injury sustained by mother of the informant is grievous in nature. It is next submitted that there is delay of one day in lodging of the FIR. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and there being no direct allegation against the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.44746 of 2024(2) dt.27-06-2024 3/3 Court below/concerned Court in connection with Tikapatti P.S. Case No. 77 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T