Mantun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54347 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- DHURAIYA District- Banka ====================================================== 1.

MANTUN MANDAL SON OF LATE PURAN MANDAL R/O VILLAGEPAIR, P.S.- DHORAIYA, DIST.- BANKA 2.

SHEKHAR MANDAL SON OF MANTUN MANDAL R/O VILLAGEPAIR, P.S.- DHORAIYA, DIST.- BANKA 3.

BAMBAM MANDAL @ BAMSHANKAR MANDAL SON OF MANTUN MANDAL R/O VILLAGE- PAIR, P.S.- DHORAIYA, DIST.- BANKA 4.

PAWAN MANDAL SON OF SHYAM SUNDAR MANDAL R/O VILLAGE- PAIR, P.S.- DHORAIYA, DIST.- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and the State.

Petitioners in the present case are seeking regular bail in connection with Dhoraiya P.S. Case No. 124 of 2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution story, father of the informant was grazing cattle in a barren field. When the informant came to field to send his father home he saw these petitioners and other co-accused persons assaulting his father by fists and slaps. The

Patna High Court CR. MISC. No.54347 of 2021(2) dt.06-12-2021 2/2 informant and his friends rushed to save his father but till then the accused persons had killed the father of the informant by strangulating him and fled away.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide Annexure 3. Petitioners are in custody since 11.8.2021.

Considering the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 124 of 2020. (Prabhat Kumar Singh, J) shashi/- U T