Sonu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66441 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Sonu Mandal Son Of Sri Madan Mandal Resident Of Village- Thadhi, PsBarhara, Dist- Purnea 2.

Prakash Mandal @ Prakash Kumar Mandal Son Of Sri Jugut Lal Mandal @ Jagat Lal Mandal Resident Of Village- Barhara Kothi, Ps- Barhara, DistPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2023 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 informant and his family members

Patna High Court CR. MISC. No.66441 of 2023(3) dt.10-11-2023 2/3 due to which they sustained injury. It is further alleged that the due to assault the daughter of the 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 have 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 this Bench vide order dated 10.10.2023 passed in Cr. Misc. No. 63588 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 23.06.2023 and 26.06.2023 respectively.

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

Patna High Court CR. MISC. No.66441 of 2023(3) dt.10-11-2023 3/3 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 satisfaction of the learned 2nd Additional Chief Judicial Magistrate, Purnia in connection with Barhara Kothi P.S. Case No. 35 of 2023.

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