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Patna High CourtCR. MISC./49420/2014bail granted

Mantu Mandal And ANR. v. The State Of Bihar

2015-03-04Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49420 of 2014 Arising Out of PS.Case No. -47 Year- 2014 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Mantu Mandal

2. Manohar Mandal Both son of Chhattu Mandal Resident of Village - Bangoan Khuraha, Police Station - Lodipur, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 6443 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -LODIPUR District- BHAGALPUR ====================================================== Pappu Mandal Son of Jago Mandal resident of village - Bangao Khutaha, P.S. Lodipur, District - Bhagalpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No. 6884 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -LODIPUR District- BHAGALPUR ====================================================== Sanjeev Mandal @ Akhilesh Mandal S/o Chhattu Mandal Resident of Village Bangoan Khuraha, Police Station Lodipur, District Bhagalpur. .... .... Petitioner

Versus

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

(In Cr.Misc. No.49420 of 2014) For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh(App) (In Cr.Misc. No.6443 of 2015) For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. L.K.Sharma(App) (In Cr.Misc. No.6884 of 2015) For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Lakshmi Kant Sharma (App)

Patna High Court Cr.Misc. No.49420 of 2014 (2) dt.04-03-2015 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-03-2015 Heard the parties.

In all the three aforesaid petitions, petitioners, who are in custody in Lodipur Police Station Case No. 47 of 2014 (G.R. No. 2292 of 2014) registered for the offence under Sections 302, 201, 120(B), 147, 148, 149 of the Indian Penal Code, have prayed for grant of bail.

Sri Kanhaiya Prasad Singh, learned senior counsel, who was assisted by Sri Birendra Kumar Singh, learned counsel for petitioners in Cr. Misc. No. 49420 of 2014 and Cr. Misc. No. 6884 of 2015 and Sri Indeshwari Prasad Mandal, learned counsel for the petitioner in Cr. Misc. No. 6443 of 2015 have pressed the bail petitions on the question of parity.

It was submitted that one of the co-accused, having similar accusation, has been granted bail on 04-02-2015, vide Cr. Misc. No. 44791 of 2014. It was submitted by learned senior counsel for petitioners that petitioners' case is similar to the case of accused (i.e. Luxman Mandal), who has been granted bail. I have perused the order passed in Cr. Misc. No. 44791 of 2014 as well as materials available on record. Keeping in view the fact that on similar footing, one

Patna High Court Cr.Misc. No.49420 of 2014 (2) dt.04-03-2015 3/3 of the co-accused has been granted bail, there is no reason to deny the prayer for bail of petitioners.

Accordingly, let the petitioners, namely; Mantu Mandal, Manohar Mandal, Pappu Mandal and Sanjeev Mandal @ Akhilesh Mandal be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur Sadar, Bhagalpur in connection with Lodipur Police Station Case No. 47 of 2014 (G.R. No. 2292 of 2014). (Rakesh Kumar, J.) Anay/- U T