Bijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9694 of 2021 Arising Out of PS. Case No.-196 Year-2019 Thana- AMDABAD District- Katihar ====================================================== BIJAY MANDAL S/O- JEETU MANDAL ALIAS JITAN MANDAL RESIDENT OF RAIPUR, POLICE STATION -AMDABAD, DISTRICTKATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Amdabad P.S. Case No. 196 of 2019, registered for the offence punishable under Sections 307, 323, 354 and other allied sections of the Indian Penal Code.

As per the prosecution case, on 17.11.2019 at 6.00 am, informant's Dever namely, Dilip Mandal whose house is being constructed under Indira Awas Yojna, all the accused persons including this petitioner armed with iron rod, khanti and lathi came and started demolishing the wall of the house. On protest, all the accused persons started assaulting informant's

Patna High Court CR. MISC. No.9694 of 2021(2) dt.27-05-2021 2/2 Dever, her son and other family members.

It is submitted on behalf of the petitioner that there is case and counter case. Both sides sustained injury. Scuffle took place due to land dispute. Petitioner is in custody since 23.09.2020 having clean antecedent, as stated in para 3 of the petition. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 196 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T