Bhawesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7119 of 2018 Arising Out of PS.Case No. -11 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Bhawesh Mandal, son of Late Madhusudan Mandal @ Masudhan Mandal, resident of Village- Pairdominiamal, P.S. Shahkund, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Submission is that having similar allegation two other named accused persons have already been allowed bail by the learned court below and prayer of the petitioner was refused simply for the reason that the victim appeared for evidence on a wheel chair. He was physically incapable from lower limbs due to the injury caused by the named accused.

I do not find that the case of the petitioner is distinguishable from other co-accused persons, hence, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.7119 of 2018 (2) dt.07-02-2018 2/2 bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T. No. 958 of 2017 arising out of Shahkund Police Station Case No. 11 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T