Patna High CourtCR. MISC./46066/2025bail granted

Manish Mandal v. The State Of Bihar

2025-07-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46066 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- SHAMPUR District- Munger ====================================================== Manish Mandal S/o Tuntun Mandal R/o Village/ Muhalla- Laxman Tola Sattbigghi, P.S.- Shampur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shampur P.S. Case No. 156 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 103(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons went to the shop of informant's son and assaulted him by means of lathi, danda, iron-rod due to which he sustained injuries and he succumbed to his injuries during his treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and

Patna High Court CR. MISC. No.46066 of 2025(2) dt.24-07-2025 2/3 Charge has also been framed against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation levelled against the petitioner rather the same is general and omnibus in nature. Specific allegation of giving iron rod blow is against coaccused, Bhubneshwar Mandal. The petitioner is in custody since 19.11.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shampur P.S. Case No. 156 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.46066 of 2025(2) dt.24-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T