Niranjan Mandal @ Niranjan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51599 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- KURSAILA District- Katihar ====================================================== 1.

NIRANJAN MANDAL @ NIRANJAN KUMAR MANDAL Son of Bhawani Mandal Resident of Village- Khaira Mandal Tola, P.S.- Kursela, District- Katihar.

2.

Ankit Kumar Son of Yogendra Mandal Resident of Village- Khaira Mandal Tola, P.S.- Kursela, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Sessions Trial No. 190 of 2021 arising out of Kursela P.S. Case No. 48 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code 1860.

The allegation in nutshell is that 14 accused persons including the petitioners surrounded the informant's son and two villagers and assaulted them by means of lathi,

Patna High Court CR. MISC. No.51599 of 2021(2) dt.15-04-2022 2/3 danda, iron rod, dabia etc.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedents and they have been implicated in this case along with 12 accused persons having general and omnibus allegation. Learned counsel further submits that three persons sustained injuries in which Anil Kumar and Sudhir Kumar sustained simple injury whereas the informant's son sustained grievous injury. He next submits that the petitioners are in custody since 31.3.2021, charge sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the allegation against the petitioners are general and omnibus in nature, they are in custody since 31.03.2021 having no criminal antecedents and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of

Patna High Court CR. MISC. No.51599 of 2021(2) dt.15-04-2022 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar, in connection with Sessions Trial No. 190 of 2021 arising out of Kursela P.S. Case No. 48 of 2021. (Anil Kumar Sinha, J) S.Ali/- U T