Makeshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76847 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Makeshwar Mandal Son Of Late Raghunath Mandal R/O Village- Gopalpur, P.S.- Chanan, District- Lakhisarai ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chanan P.S. case No. 180 of 2022 instituted for the offences under Sections 341, 342, 147, 148, 149, 447, 448, 452, 323, 324, 325, 307, 379, 427 and 302 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons including the petitioner, variously armed, came to the shop of the informant and pulled his son and thereafter assaulted him due to which he sustained injury and later succumbed to the injury. When the informant came in rescue, he was also assaulted by them.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.04.2023 and has criminal antecedents. Charge-sheet has been submitted in this case. The

Patna High Court CR. MISC. No.76847 of 2023(2) dt.04-12-2023 2/2 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits both parties are co-villagers and that there is land dispute between the parties. Specific allegation of assault is alleged against co-accused. Co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 24912 of 2023 and vide order dated 21.06.2023 passed in Cr. Misc. No. 16280 of 2023.

5. Learned A.P.P. 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 that the co-accused of this case have already been granted bail by a Coordinate Bench of this Court, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chanan P.S. case No. 180 of 2022. (Rudra Prakash Mishra, J) Pankaj/- U T