Sanjeev Mandal @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51078 of 2023 Arising Out of PS. Case No.-255 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== Sanjeev Mandal @ Sanjeev Kumar Son Of Suresh Mandal Resident Of Village - Pairdominia Mal, P.S. - Shahkund, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the co-accused persons along with this petitioner is that they assaulted the informant's son brutally due to which he sustained injuries and thereafter he was taken to hospital where the doctor declared him dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in FIR rather his name came into light in this case on the basis of suspicion during investigation. It is

Patna High Court CR. MISC. No.51078 of 2023(2) dt.25-08-2023 2/2 further submitted that there is no specific allegation of assault upon the deceased against the petitioner. It is also submitted from para-6 of this petition that several co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 11.07.2022 in Cr. Misc. No. 14906 of 2022 and order dated 08.02.2023 in Cr. Misc. No. 31730 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 21.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahkund P.S. Case No. 255 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., II, Bhagalpur.

(Sunil Kumar Panwar, J) shubham/- U T