Raju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56268 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Raju Mandal Son Of Late Baiju Mandal Resident of Village- Biraul, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

:

Mr. Gagan Deo Yadav, Adv.

:

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Counsel for petitioner submits that due to inadvertence, some typing mistake occurred in paragraph 13 of the petition.

Liberty is granted to correct the same, in course of the day.

Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pandaul P.S. Case No. 229 of 2020 lodged under Sections 147, 148, 149, 307, 504, 506, 379 of the I.P.C.

As per the prosecution case, the F.I.R. has been

Patna High Court CR. MISC. No.56268 of 2022(3) dt.21-02-2023 2/3 lodged against 5 named accused persons in which allegation of assaulting the informant party is there. The specific allegation against the present petitioner is that he assaulted the informant and co-accused Vikram Mandal assaulted Ranjan Kumar Jha. Learned counsel for the petitioner submits that the said Ranjan Kumar Jha is not the deceased, rather deceased is one Arun Kant Jha. Counsel submits that informant as well as accused party are residents of the same village and over a petty matter, this dispute has arisen and for the occurrence dated 09.09.2020, two F.I.Rs. have been filed, one has been filed by the informant bearing Pandaul P.S. case 229 of 2020 and another case bearing case was filed by the accused, which is annexure-3 bearing Pandual P.S. Case no. 226 of 2020.

Learned counsel for the petitioner submits that when the fight took place between both the parties then case and counter case filed by both the parties and injury took place both the parties but one of the member of the informant died after about 6-7 days of the dated of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 24.06.2022 having clean antecedent.

Patna High Court CR. MISC. No.56268 of 2022(3) dt.21-02-2023 3/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Pandaul P.S. Case No. 229 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T