Santosh Mandal @ Sutva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89507 of 2024 Arising Out of PS. Case No.-180 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Mandal @ Sutva ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP For the informant ;
Ms. Kusum Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-07-2025 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code.
3. As per the FIR, the deceased was assaulted by the accused persons repeatedly with an iron rod and other weapons. The deceased died after two days.
4. Learned counsel for the petitioner submits that the post-mortem report does not support the allegations levelled in the FIR. Only one abrasion in the parietal region has been found. Petitioner is in custody since 26.09.2024.
5. Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that in the trial, two witnesses are yet to be examined and the rest of the
Patna High Court CR. MISC. No.89507 of 2024(6) dt.18-07-2025 2/2 witnesses have been examined.
6. Considering the fact that the post-mortem report does not support the prosecution case as well as the period of custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani/concerned Court below in connection with Jaynagar P.S. Case No. 180 of 2020 subject to condition that the petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T