Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43175 of 2014 Arising Out of PS.Case No. -63 Year- 2012 Thana -MURLIGANJ District- MADHEPURA ====================================================== Upendra Mandal, Son of Late Rajeshwar Prasad Mandal, Resident of Village - Ratan Patti, P.S. - Murliganj, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 18-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302 and other allied sections of the Indian Penal Code.

It is submitted that the petitioner is not named in the FIR. The FIR has been lodged against 14 named persons and 50-60 unknown. The name of the petitioner has appeared in the restatement of the informant and the other witnesses have also alleged that the 20 persons including the petitioner have assaulted Sanjay Ram, son of the informant. There is no specific allegation of overt act against the petitioner. During post mortem examination, the doctor has found five injuries. The petitioner is in

Patna High Court Cr.Misc. No.43175 of 2014 (5) dt.18-03-2015 2/2 custody since 31.07.2014 having no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in Murliganj P.S. Case No.63 of 2012 with the following conditions: 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T