Rajesh Mandal @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67873 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

RAJESH MANDAL @ RAJESH KUMAR Son of Khedan Mandal Resident of Village- Haripur Kala, Ward No. -9, P.S.- Bhargama, District- Araria. 2.

Lalo Mandal @ Lalu Kumar Son of Mishri Mandal Resident of VillageHaripur Kala, Ward No. -9, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with S.T. No. 204 of 2021 arising out of Bhargama P.S. Case No. 275 of 2019 for the offence registered under Sections 147, 148, 149, 302 and 379 of the Indian Penal Code.

The case of the prosecution in brief, according to the informant, is that she got information on the alleged date and time of occurrence about dead body of her son lying in the police station, whereafter she came to know that since her son was suspected to have committed theft, the co-accused persons had beaten him resulting in his death on the spot. The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.67873 of 2021(2) dt.05-05-2022 2/3 that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody since 10.02.2021. The learned counsel for the petitioners has further submitted that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 29.02.2020 passed in Criminal Misc. No. 10847 of 2020, order dated 03.06.2020 passed in Criminal Misc. No. 12810 of 2020, order dated 12.10.2020 passed in Criminal Misc. No. 26087 of 2020 and order dated 26.08.2021 passed in Criminal Misc. No. 31699 of 2021.

Per contra, the learned A.P.P. 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 petitioners and taking into account the parity of the case of the petitioners with that of the co-accused persons who have already been granted bail by coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.67873 of 2021(2) dt.05-05-2022 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with S.T. No. 204 of 2021 arising out of Bhargama P.S. Case No. 275 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T