Prabhu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63588 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.
PRABHU MANDAL S/O BHUTO MANDAL VILLAGE- THADHI, PS- B. KOTHI, DIST- PURNIA 2.
MANOJ MANDAL SON OF BHUTO MANDAL VILLAGE- THADHI, PS- B. KOTHI, DIST- PURNIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv along with Mr. Dr. Bidhu Ranjan with Ms. Diksha Kumari and Mr. Sumit Jha, Advocates For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302 and 504 of the Indian Penal Code.
3. The allegation against the petitioners along with others is of assaulting the due to which they sustained injury. It is further alleged that the due to assault the daughter of the
Patna High Court CR. MISC. No.63588 of 2023(2) dt.10-10-2023 2/3 informant succumbed to injury.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They haev committed no offence. There is general and omnibus allegation against the petitioners. There is allegation of assault by 20 persons but the doctor, who conducted Postmortem found only one injury on head as such there is no specific allegation against these petitioners. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 27.07.2023 passed in Cr. Misc. No. 45160 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 16.02.2023.
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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.63588 of 2023(2) dt.10-10-2023 3/3 satisfaction of the learned C.J.M., Purnia in connection with Barhara Kothi P.S. Case No. 35 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T