Sukhba Mandal @ Sukhay Mandal @ Sukhi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63557 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== Sukhba Mandal @ Sukhay Mandal @ Sukhi Mandal Son of late Panchu Mandal Resident of Village- Arghawa, P.S. Basopatti, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Petitioner prays for bail in connection with Basopatti P.S.Case No. 19 of 2018 registered for the offences punishable under Sections 452, 341, 323, 324, 307, 427, 504 and 34 of the Indian Penal Code.

Allegation as per FIR is that petitioner along with other accused persons entered inside the house of the informant and further allegation is that petitioner assaulted the informant by axe, causing injury and allegation of assault is against other co-accused persons.

Submission of learned counsel for the petitioner is that re-statement of informant in paragraph 6 of the case diary disclosed that allegation of assault is also against one Dukhawa Mandal by axe and furthermore there is case and counter case between the parties and said Dukhawa Mandal has already been

Patna High Court Cr.Misc. No.63557 of 2018(3) dt.22-11-2018 2/2 granted bail by a co-ordinate Bench of this Court vide order dated 4.6.2018 passed in Cr.Misc.No. 23231 of 2018 and petitioner is in custody for about three months. Heard learned APP and learned counsel for the informant, who has opposed the prayer for bail on the ground that injury is grievous in nature.

Having heard both sides and in the facts and circumstances, as stated above, and also considering the fact that co-accused has already been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Madhubani, in connection with Basopatti P.S.Case No. 19 of 2018, corresponding to C.R.I. Case No. 123 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T