Patna High CourtCR. MISC./64005/2023allowed

Mangal Rai v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64005 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== MANGAL RAI SON OF SHYAMDEO RAI RESIDENT OF VILLAGE - KHAJUATTA, POLICE STATION AND DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 504 and 506 of the Indian Penal Code and later on added Section 302 of the IPC.

3. The allegation against the petitioner along with others is of assaulting the informant and his wife due to which they sustained injury. It is further alleged that during treatment the wife of the informant succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the

Patna High Court CR. MISC. No.64005 of 2023(2) dt.11-10-2023 2/2 specific allegation against co-accused Vimal Rai, who assaulted the informant's wife, due to which she died. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 268 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T