Rajesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69348 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RAJESH MANDAL Son of Sumary Mandal R/V- Baluachak, P.S- Jagdishpur, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Sessions Trial No. 778 of 2022, TR. No. 428 of 2022, arising out of Jagdishpur P.S. Case No. 194 of 2022, registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.
As per the prosecution, the informant's husband was assaulted by this petitioner along with other co-accused persons by
Patna High Court CR. MISC. No.69348 of 2022(2) dt.21-03-2023 2/3 means of lathi, danda etc which lead to the death of the victim. The main submissions advanced by petitioner's counsel are that though the petitioner is named in the FIR but against him there is no specific allegation and the deceased had inimical term with co-accused persons namely, Shankar Mandal, Vikki Mandal and Nitesh Mandal and co-accused persons Sunil Mandal @ Sunil Kumar Suman and Anil Mandal have been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 57854 of 2022 and against the petitioner there is one criminal antecedent in which he is on bail and the petitioner has been charge-sheeted and his case has been committed to the Court of Sessions for trial and he has been languishing in jail since 22.05.2022.
Learned APP appearing for the State has opposed the prayer for bail.
In view of the facts, as stated above, and mainly considering the nature of allegation appearing against the petitioner and also the privilege of bail having been granted to above-mentioned two co-accused persons, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with
Patna High Court CR. MISC. No.69348 of 2022(2) dt.21-03-2023 3/3 Sessions Trial No. 778 of 2022, TR. No. 428 of 2022, arising out of Jagdishpur P.S. Case No. 194 of 2022.
(Shailendra Singh, J.) maynaz/- U T