Deepak Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38460 of 2020 Arising Out of PS. Case No.-258 Year-2016 Thana- RAJAON District- Banka ====================================================== DEEPAK MANDAL, Son of Naresh Mandal, Resident of Village - Punsia Basti, P.S. - Rajoun, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2021 Let the defects be removed within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 448, 379, 504/34 of the Indian Penal Code and later on 302 of the Indian Penal Code.

Co-accused, Rupesh Kumar, allegedly caused injury with lathi at the head of the informant as a result whereof he died subsequently. The petitioner and others bear general and omnibus allegation of commission of assault.

Learned counsel for the petitioner submits that initially the learned court below had itself granted bail to the petitioner. However, after submission of charge sheet under

Patna High Court CR. MISC. No.38460 of 2020(2) dt.22-02-2021 2/2 Section 302 of the Indian Penal Code, prayer for bail was refused.

Considering the fact that direct allegation is against co-accused Rupesh Kumar, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rajoun Police Station Case No. 258 of 2016, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T