Sanjeev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55042 of 2019 Arising Out of PS. Case No.-106 Year-2010 Thana- BARIYARPUR District- Munger ====================================================== SANJEEV MANDAL Son of Late Laxmi Mandal Resident of sultanganj at gadh, P.S. Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bariarpur P.S. Case No. 106 of 2010 for the offences punishable under Sections 342/ 323/ 307/12(B)/302 of the Indian Penal Code.

The accusation is of assaulting the deceased by the petitioner along with two others, namely, Pawan Choudhary and Bhim Mandal on account of the victim having illicit relationship with the wife of one Tinku Choudhary and the victim is said to have died after four days of the occurrence on account of one fatal injury having been found on his head.

The learned counsel for the petitioner has submitted that the allegation is general and omnibus on all the three

Patna High Court CR. MISC. No.55042 of 2019(5) dt.10-12-2019 2/2 accused persons of having assaulted the deceased and there is no specific allegation of any kind of overt act as far as the petitioner herein is concerned. It is further submitted that a similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.09.2012 passed in Cr. Misc. No. 35655 of 2012. It is further submitted that the police has also submitted charge sheet against the petitioner and the investigation is complete. The petitioner is stated to have a clean antecedent and is languishing in custody since 9.3.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Munger in connection with Bariarpur P.S. Case No. 106 of 2010.

(Mohit Kumar Shah, J) Tiwary/- U T