Patna High CourtCR. MISC./50798/2019bail granted

Pawan Mandal @ Pawan Kumar Mandal v. The State Of Bihar

2019-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50798 of 2019 Arising Out of PS. Case No.-431 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== PAWAN MANDAL @ PAWAN KUMAR MANDAL Son of Late Prayag Mandal Resident of Village - Mohanpur, P.S.- Goradih, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307, 379, 354B, 448, 109, 504, 120B of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons variously armed entered into the house of the informant and assaulted him and tried to outrage the modesty of female members.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.4.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.50798 of 2019(4) dt.27-11-2019 2/2 The specific allegation is against the co-accused Tuntun Mandal who is alleged to have caused injury on the stomach of the victim. As far as petitioner is concerned, he is said to have caused injury on the arm which is non-vital part of the body. Hence, no offence under section 307 IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 431/2018. (Sudhir Singh, J) Pankaj/- U T