Sanjay Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.55725 of 2016 (2) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55725 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Sanjay Mandal, Son of Late Ganesh Mandal, resident of Village- Kolwara, P.S.- (Maraiya), Parbatta, District- Khagaria. .. .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Parbatta (Maraiya) P.S. Case No. 84 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, at the time of treatment Md. Amir disclosed that first of all Birendra Kumar @ Biro Mandal, this petitioner (Sanjay Mandal), Salo Mandal, Sudarshan Mandal, Bhola Mandal and Yogi Mandal assaulted Sattan Mandal and thereafter, he was also assaulted on the pretext of theft of goat. Marriya Police arrived and rescued. As per the instruction of the doctor, Md. Amir was being taken to Khagaria Hospital but he succumbed to the injury.

Submission is of false implication and that there is general and omnibus allegation, the petitioner is suffering in

Patna High Court Cr.Misc. No.55725 of 2016 (2) dt.10-01-2017 custody since 10.11.2016, similarly situated co-accused Sudarshan Mandal and Salo Mandal have been allowed bail by different orders passed by co-ordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration. Learned APP fairly submits that other co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Khagaria in connection with Supplementary Parbatta (Maraiya) P.S. Case No. 84 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T