Patna High CourtCR. MISC./70998/2024bail granted

Avdhesh Mandal @ Avdhesh Kumar @ Awdhesh Mandal v. The State Of Bihar

2024-10-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70998 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- BASANHI District- Saharsa ====================================================== Avdhesh Mandal @ Avdhesh Kumar @ Awdhesh Mandal Son of Kailash Mandal R/o Village-Motibari Ward No 11 P.S.-Basnahi, District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Basnahi P.S. Case No. 77 of 2024, instituted for the offences punishable under Sections 341, 323, 324, 325, 307, 447, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner along with other co-accused persons armed with various weapons went to the house of the informant, brutally assaulted the informant along with his family members causing injuries to them. The petitioner assaulted the daughter-in-law of the informant namely Puja Devi by means of iron rod on her head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.70998 of 2024(2) dt.05-10-2024 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegations levelled against the petitioner is general and omnibus in nature. Both the parties are next door neighbour and due to land dispute the alleged occurrence has taken place. The injuries found on the body of Puja Devi is simple in nature. The petitioner is in custody since 16.07.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basnahi P.S. Case No. 77 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T