Patna High CourtCR. MISC./85344/2023allowed

Md. Mirajul Islam Mandal @ Mirajul Islam Mandal v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85444 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== SATWIR KUMAR @ SATWIR PASWAN SON OF RAMBALI PASWAN RESIDENT OF VILLAGE - MOHANI, P.S. - ASTHAWAN, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 153, 153a, 109, 186, 188, 295a, 353, 341, 342, 323, 325, 307, 337, 338, 504, 506, 120b of the Indian Penal Code.

3. As per FIR, it is a case of stone pelting and creating hindrance during discharge of police officials duty.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner has no concern with the alleged occurrence, he was only a member of mob and merely on the basis of suspicion he has falsely been implicated in this

Patna High Court CR. MISC. No.85444 of 2023(2) dt.15-01-2024 2/2 present case. There is no specific allegation levelled against the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ashthawan P.S. Case No. 159 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class Bihar Sharif District Nalanda.

(Sunil Kumar Panwar, J) manishkumar/- U T