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Patna High CourtCR. MISC./79179/2023allowed

Pinku Mandal v. The State Of Bihar

2023-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79179 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Pinku Mandal S/O Shobhi Mandal Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 353, 332, 307, 354, 504, 34 of the Indian Penal Code.

3. Petitioner along with 20-25 male and female persons are said to have abused and misbehaved with the informant. They also assaulted the police personnel.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that none of the independent witnesses have supported the case of the informant. He submits that the similarly situated co-accused has already been granted

Patna High Court CR. MISC. No.79179 of 2023(2) dt.13-12-2023 2/2 bail by this Court vide order dated 11.12.2023 passed in Cr. Misc. No. 78676 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhairavshthan P.S. Case No. 79 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T