Regular bail in a murder case arising from a free fight where fatal knife injuries were allegedly inflicted by other named co-accused. Investigation complete and charge-sheet filed; petitioner granted bail with two sureties subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58683 of 2024
Arising Out of PS. Case No.-577 Year-2022 Thana- TRIVENIGANJ District- Supaul
======================================================
Rajesh Mandal S/o Moiyilal Mandal @ Maujhilal Mandal R/o vill - Parsan, P.S. - Tribeniganj, Distt. - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Balkrishna Mishra For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 04-09-2024
Heard the parties.
2.The petitioner seeks bail in connection with
Triveniganj P.S. Case No.577 of 2022 registered for the offences punishable under Sections 148, 149, 448, 341,
323, 326, 307, 302, 427 of the Indian Penal Code and
Section 27 of the Arms Act.
custody since 05.03.2024.
4.Allegation against the petitioner is to commit
murder of the father of informant along with nine named
co-accused persons after making a criminal trespass to
the house of the informant, where murder was alleged to
Patna High Court CR. MISC. No.58683 of 2024(2) dt.04-09-2024 2/3
be committed by inflicting multiple knife injuries.
5.It is submitted by learned counsel that the
occurrence is free fight in nature, where both parties appears in inimical terms prior to this occurrence, where both parties received injures. It is submitted that for the
same set of occurrence, a case as Triveniganj P.S. Case No.578 of 2022 was registered also by petitioner’s side. It is submitted that during the course of investigation, it appears that it was co-accused, Manoj, Samrat and Sadho Thakur, who specifically inflicted fatal knife injuries to the father of the informant causing his death. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed for which, chargesheet has been submitted and, as such, there is no chance of tampering with the evidence.
6.Learned APP opposes the prayer for grant of bail to the petitioner.
7.In view of aforesaid facts and circumstances
Patna High Court CR. MISC. No.58683 of 2024(2) dt.04-09-2024 3/3
and by taking note of fact as specific allegation qua inflicting total knife injuries surfaced against other coaccused persons and not against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Supaul in connection with Triveniganj P.S. Case No. 577 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
1 issue framed by the court
Whether the petitioner, named in the FIR for murder with specific fatal-injury allegations against co-accused and in custody since 05.03.2024 after charge-sheet, should be released on bail.
4 provisions across 4 enactments
Rajesh Mandal
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
