Pankaj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40413 of 2020 Arising Out of PS. Case No.-233 Year-2020 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== PANKAJ MANDAL S/o Mahendra Mandal R/o village- Murlichandwa, P.S.- Uda Kishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2021 Heard Dr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Uda Kishunganj P.S. Case No. 233 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506 and 385 of the Indian Penal Code 1860. The allegation as per the First Information Report is that the petitioner assaulted Ravi Yadav with Garansa causing injury on his head.

Learned counsel for the petitioner submits that there is case and counter case between the parties inasmuch as for an

Patna High Court CR. MISC. No.40413 of 2020(2) dt.03-03-2021 2/3 incident which has taken place on the same date and time, Uda Kishunganj P.S. Case No. 232 of 2020 has been lodged by mother of the petitioner against the family members of the informant. Learned counsel further submits that there was a scuffle between both the parties for a dispute regarding passage and there is previous litigation between the parties also. Learned counsel also submits that in the scuffle, the side of the petitioner also received injuries and referring to the impugned order learned counsel submits that from the injury report it transpires that the victim Ravi Kumar has received injury on his head caused by hard and blunt substance whereas allegation against the petitioner is that he assaulted him by means of Garansa which is a sharp cutting weapon.

Learned counsel next submits that petitioner is next door neighbour and both the parties are on litigating term. The petitioner is in custody since 9.8.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that both the parties are next door neighbours and there is case and counter case between them as well as the petitioner is in custody since 9.8.2020, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.40413 of 2020(2) dt.03-03-2021 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Uda Kishunganj, Madhepura, in connection with Uda Kishunganj P.S. Case No. 233 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T