Vinay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66200 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Vinay Mandal, Son of Late Ramji Mandal R/o vill - Manikpur, P.S. - Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case no. 126 of 2023, registered under sections 307, 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that on the orders of co-accused Subodh Mandal and Mukti Lal Mandal, the petitioner caught hold of the informant while co-accused Hari Kishore Mandal gave him a blow with a garasa on his head.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties. The FIR of the counter case has been brought on record as Annexure-2 to this petition and which has been lodged by the petitioner herein. The

Patna High Court CR. MISC. No.66200 of 2023(2) dt.16-10-2023 2/2 so called injury on the informant has been found to be simple in nature vide injury report brought on record as Annexure-P/3. The petitioner is in custody since 12.7.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the injury besides having been found to be simple in nature, having been attributed to co-accused and not to this petitioner together with the charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Biraul P.S. Case no. 126 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul, Darbhanga.

(Partha Sarthy, J) avinash/- U T