Patna High CourtCR. MISC./42410/2016bail granted

Nitesh Mandal @ Nitem Mandal And ORS v. The State Of Bihar

2016-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42410 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Nitesh Mandal @ Nitem Mandal Son of Sushil Mandal

2. Biren Mandal@Biran Mandal son of late Gagaru Mandal

3. Rajendra Mandal@Rajendra Prasad Mandal Son of late Bhay Lal Mandal

4. Bhola Rai Son of Ramu Rishi

5. Krishnanan Mandal@Krishanand Mandal Son of Yogendra Mandal All are resident of Village- Mahiyarpur, Police Station- Jalalgarh in the district of Purnea.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sudhanshu Shekhar For the Opposite Party : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 147, 148, 149, 323, 307, 302 and 504 of the Indian Penal Code.

The allegation against the petitioners is that they along with other accused persons assaulted the brother of the informant on his head and chest by lathi-danda with an intention to kill him. As a result of which, the deceased fell down on the ground. Thereafter the co-villagers took him to hospital for treatment, where the doctor declared him to be dead.

Patna High Court Cr.Misc. No.42410 of 2016 (2) dt.05-10-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.07.2016. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific allegation has been attributed against the petitioners.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Vth, Purnea, in connection with Jalalgarh P.S. Case No. 139 of 2015 (G.R. No. 4687 of 2015).

(Sudhir Singh, J.) Amit/- U T