Sarvesh @ Timha Mandal @ Sarvesh Mandal @ Timha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52124 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Sarvesh @ Timha Mandal @ Sarvesh Mandal @ Timha Son Of Kare Mandal @ Kare Lal Mandal Resident Of Village- Thebhay, Ps -Parbatta, Bharatkhand, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, son of the informant was returning to his home and in way petitioner and two other FIR named accused persons surrounded him and assaulted him by means of lathi and danda resulting into his head injury. It is further alleged that they have threatened him of dire consequences if he lodged a case.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General

Patna High Court CR. MISC. No.52124 of 2023(3) dt.03-10-2023 2/2 and omnibus allegation of assault is levelled against him. As per injury report, injuries received by the informant's son are simple in nature. From FIR, it reveals that informant borrowed an amount of Rs. 4,000/- from the accused persons, and with a view to grab the said amount, informant implicated him in the present case. No offence is made out u/s 307 IPC. Petitioner is languishing in judicial custody since 30.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Khagaria or concerned court in connection with Parbatta (Maraiya) P.S. Case No. 353 of 2022.

(Sunil Kumar Panwar, J) sushma/- U