Chandan Mandal @ Chandan Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1961 of 2024 Arising Out of PS. Case No.-108 Year-2016 Thana- PIPRA District- Supaul ====================================================== Chandan Mandal @ Chandan kumar Mandal S/o Sri Gouri Shankar Mandal R/o village-Duhari, P.S-Pipra, District-Supaul ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Anand, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Pipra P.S. Case No. 108 of 2016 lodged under Sections 447, 341, 323, 324, 354, 379 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the present petitioner. It transpires from the F.I.R. that the petitioner has attacked by farsa on the head of the informant. The allegation against other accused persons is that they have assaulted by lathi to the informant and his wife and also allegation of snatching of money has been made.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.1961 of 2024(2) dt.24-01-2024 2/3 that the petitioner and informant both are resident of same village and they are agnates also. From the content of F.I.R., it transpires that the dispute is relating to grazing the Sabji from the field.
5. Counsel submits that petitioner's antecedent is clean and he is in custody since 22.09.2023 and charge-sheet has already been filed in this case.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Supaul in connection with Pipra P.S. Case No. 108 of 2016, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.1961 of 2024(2) dt.24-01-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T