Durganand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69196 of 2022 Arising Out of PS. Case No.-303 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Durganand Mandal Son Of Late Sukdeo Mandal R/O Village- Gaddi, P.S.- Raghopur, District- Supaul 2.

Anil Mandal Son Of Durganand Mandal R/O Village- Gaddi, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-03-2023 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 petitioners and the learned APP for the State.

Petitioners seek regular bail in connection with Raghopur P.S. Case No. 303 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 354(A), 379, 504 and 506/34 of the Indian Penal Code.

As per the prosecution, the informant alleged that both the petitioners along with other co-accused persons came

Patna High Court CR. MISC. No.69196 of 2022(2) dt.20-03-2023 2/3 to her house and started abusing her and her family members and on objection, these accused persons assaulted the informant and her family members by means of Lathi, Farsa and three-nut. It is further alleged that the petitioner No. 1 and co-accused Sunil Mandal, tried to disrobe the informant and snatched the informant's ornament worth Rs. 7,000/-.

The main submissions advanced by petitioners' counsel are that as per the FIR, both the petitioners were alleged to have assaulted the prosecution party by means of Lathi and as per the prosecution, four persons sustained injuries in the alleged incident of assaulting and all the said injured persons sustained simple injuries and both the petitioners have fair and clean antecedents and have been languishing in jail since 20.08.2022 and both the parties are co-villagers and neighbours. Learned APP appearing for the State has opposed the bail prayer of both the petitioners and fairly accepted that all the injured persons of this case, sustained simple injuries in the alleged incident.

Considering the above submissions and the facts and circumstances of this case as well as the nature of allegations appearing against the petitioners, in my opinion both the petitioners deserve to the privilege of bail. Accordingly, let both

Patna High Court CR. MISC. No.69196 of 2022(2) dt.20-03-2023 3/3 the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Raghopur P.S. Case No. 303 of 2021.

(Shailendra Singh, J) annu/- U T