Santosh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79957 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Santosh Mandal Son of Niranjan Mandal R/O Vill.- Mustafapur Chaukhandi, P.S.- Pirpainti, Bakharpur, Dist.- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Prasad Roy, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and the State.
2. The petitioner seeks regular bail in a case registered for the offence punishable under sections147, 149, 341, 323, 504, 506, 307 and 302 of the Indian Penal Code.
3. As per the prosecution case, petitioner and other named accused persons assaulted father of the informant with lathi, danda and iron rod due to which he sustained injuries and fell down and became unconscious and died during treatment.
4. Learned counsel appearing for the petitioner submits that allegation of assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. As a matter of fact, father of informant sustained injuries due to fall from the roof of his house. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 29.3.2023.
Patna High Court CR. MISC. No.79957 of 2024(2) dt.24-01-2025 2/2
5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner is named in the FIR with specific allegation that he assaulted the victim with iron rod which is also corroborated in the post mortem report of the deceased.
6. Considering the nature of accusation, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Shashi U T