Sushil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66052 of 2022 Arising Out of PS. Case No.-260 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== Sushil Mandal Son Of Rajendra Mandal R/O Vill.- Pratap Nagar, P.S.- Murliganj, Distt.- Madhepura (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner assaulted the husband and son of the informant. It is specifically alleged against co-accused Jai Krishna Mandal that he assaulted with farsa on the head of the informant's husband. It is also specifically alleged

Patna High Court CR. MISC. No.66052 of 2022(2) dt.27-02-2023 2/3 against co-accused Subhash Mandal and Tarani Mandal that they also assaulted the husband and son of the informant. The husband of the informant subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific accusation of assaulting the deceased is against Jai Krishna Mandal. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 27.07.2022 passed in Cr. Misc. No. 18591 of 2022. The petitioner is languishing in custody since 14.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.66052 of 2022(2) dt.27-02-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Madhepura in connection with Murliganj P.S. Case No. 260 of 2020.

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