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Patna High CourtCR. MISC./57089/2022bail granted

Takdir Mandal v. The State Of Bihar

2023-01-20Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57089 of 2022 Arising Out of PS. Case No.-354 Year-2022 Thana- AMARPUR District- Banka ====================================================== TAKDIR MANDAL S/o- Late Ram Charitra Mandal R/o Village- Ganoura, P.S.- Fullidumar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar @Deepak Sahay,Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Amarpur (Fullidumar) P.S. Case No.354 of 2022, registered for the offences punishable under Sections 341, 323, 307, 379 and 506 of the Indian Penal Code.

The allegation is regarding the petitioner having arrived at the house of the informant while he was sleeping, whereupon the petitioner had assaulted the son of the informant and had fled away after snatching golden chain from the neck of the son of the informant.

Patna High Court CR. MISC. No.57089 of 2022(2) dt.20-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 26.06.2022. The learned counsel for the petitioner has referred to the injury report annexed to the present petition at page no. 18, thereof to submit that the injury sustained by the son of the informant has been found to be simple in nature.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner and taking into account the fact that the injury sustained by the son of the informant has been found to be simple in nature, apart from the fact that the

Patna High Court CR. MISC. No.57089 of 2022(2) dt.20-01-2023 3/3 petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Amarpur (Fullidumar) P.S. Case No.354 of 2022.

(Mohit Kumar Shah, J) kanchan/ U T