Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12986 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

AJAY MANDAL Son of Bitan Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi.

2.

Guddu Mandal Son of Bitan Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi.

3.

Anchla Devi Wife of Ajay Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi.

4.

Vimla Devi Wife of Binay Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi.

5.

Rita Devi Wife of Guddu Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi.

6.

Ranju Kumari @ Ranju Devi Wife of Ajay Mandal R/o Village- Manpur Jaua, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323,

Patna High Court CR. MISC. No.12986 of 2021(3) dt.06-01-2022 2/3 447, 324, 307, 504, 386/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against all the accused persons. He submits that there is allegation of assault by seven persons but the informant received four injury out of which only one injury has been caused by sharp cut weapon and other three injuries are swelling and the doctor found injury no. 1 to be grievous. He submits that there is counter version of the alleged occurrence also vide Complaint Case No. 735 of 2020 filed on 22.09.2020 by the petitioner no. 4.

He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail and submits that there is specific overt act against coaccused Binay Mandal. Considering the facts and circumstances of the case and also fact that there is general and omnibus allegation levelled against all the petitioners, 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.

Patna High Court CR. MISC. No.12986 of 2021(3) dt.06-01-2022 3/3 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 Runnisaidpur P.S. Case No. 455 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T