Parmeshwar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84997 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== 1.
Parmeshwar Mandal Son Of Ramnath Mandal Resident Of Village - Lakshmipur, P.S. - Kaluahi, District - Madhubani 2.
Ramesh Mandal @ Rameshwar Das Son Of Ramnath Mandal Resident Of Village - Lakshmipur, P.S. - Kaluahi, District - Madhubani 3.
Suresh Mandal Son Of Ramnath Mandal Resident Of Village - Lakshmipur, P.S. - Kaluahi, District - Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prince Kumar Mishra For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 143, 448, 341, 323, 354(B), 379, 504, 506 of the Indian Penal Code.
3. Petitioners along with other accused persons are said to have assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that occurrence took place on
Patna High Court CR. MISC. No.84997 of 2023(2) dt.15-01-2024 2/2 20.10.2022 but the FIR has been lodged on 25.10.2022 after delay of 5 days without explaining any reasonable cause of delay. He submits that the informant has died after 28 days from the incident due to C.R. failure with caused by heart attack. He further submits that petitioners have 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 and the fact that there is no specific overt act against the petitioners, let the above named petitioners in the event of their 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) each 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 Kaluahi P.S. Case No. 202 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T