Surjeet Kumar Mandal @ Sarjeet Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66547 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Surjeet Kumar Mandal @ Sarjeet Kumar Mandal, Son of Videshi Mandal, Resident of Village- Lalia Ward No. 3, P.S.- Gwalpara, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gawalpara P.S. Case No. 60 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is of causing assault to the husband of the informant by means of iron rod and also misbehaving with the wife of the informant.
4. Learned counsel appearing on behalf of the petitioner drawing the attention of this Court to the narrations made in the FIR contended that omnibus nature of allegation has been levelled against all the FIR named accused persons. Moreover, there is a counter version of the present case being
Patna High Court CR. MISC. No.66547 of 2024(3) dt.18-01-2025 2/3 Gawalpara P.S. Case No. 61 of 2023 instituted by the persons of the petitioner's side. It is further contended that the occurrence has taken place on 04.04.2023, but the FIR has been instituted on 06.04.2023 without there being any explanation. The injuries sustained to the husband of the informant is found to be simple in nature. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the bail application and submits that the petitioner is one of the author of the injuries sustained to the husband of the informant.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the simple injury, coupled with the case and counter case and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Udakishunganj, Madhepura, in connection with Gawalpara P.S. Case No. 60 of
Patna High Court CR. MISC. No.66547 of 2024(3) dt.18-01-2025 3/3 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J.) Jyoti Kumari/- U T