Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42348 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Manoj Mandal Son of Shukdeo Mandal Resident of village - Gokulpur, P.s.- K. Nagar, Dsitrict - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with K. Nagar P.S. Case No. 59 of 2022 lodged under Sections 341, 323, 324, 307, 427, 379, 504, 506/34 of the I.P.C. As per the prosecution case, case has been lodged against 9 named accused persons including the petitioner. The specific allegation against the petitioner is that he assaulted the mother of the informant by bamboo.

Learned counsel for the petitioner submits that for the same date and place of occurrence, there were 2 cases filed. One case was filed by the informant side and the other one for

Patna High Court CR. MISC. No.42348 of 2022(2) dt.02-11-2022 2/3 annexure-2 was filed by the petitioner side. Learned counsel for the petitioner submits that from the F.I.R., it transpires that this dispute took place due to land dispute and he has annexed annexure-3, which is document of the land, which was purchased in the name of the petitioner's wife. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and there are injuries from both the sides. He further submits that petitioner is in custody since 29.03.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation against the present petitioner to assault by bamboo by which injury has been caused and present case has been lodged under section 307 including the other sections of I.P.C., therefore, the bail may be rejected.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.42348 of 2022(2) dt.02-11-2022 3/3 the satisfaction of learned C.J.M., Purnea in connection with K. Nagar P.S. Case No. 59 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T