Rajesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5973 of 2024 Arising Out of PS. Case No.-815 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Rajesh Kumar Mandal Son Of Shobhi Mandal Resident Of Village-Vina, W.No. 6, P.S. And District-Supaul.

2.

Lal Mandal Son Of Shambhu Mandal Resident Of Village-Vina, W. No. 6, P.S. And District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha, Adv For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Supaul P.S. Case No. 815 of 2020 registered for the offences punishable under Sections 341, 323, 325, 307, 354, 504/34 of the Indian Penal Code .

3. As per prosecution case, petitioner no. 1 gave Dabiya blow on the head of the informant, and petitioner no. 2 gave Farsa blow on the head of wife of the informant.

4. It is submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in this case. It is submitted that a free fight took place between the parties on account of land dispute and both sides sustained injuries. After investigation police submitted final form against

Patna High Court CR. MISC. No.5973 of 2024(3) dt.26-04-2024 2/2 the petitioners. There is case and counter case between the parties. It is further submitted that injuries caused by the petitioner no. 2 is simple in nature.

5, Learned APP has opposed the prayer for bail of the petitioners and submits that injuries are grievous in nature.

6. Considering the nature of injury caused by petitioner no. 1 which is grievous in nature, his prayer for bail is rejected.

7. Considering the nature of injury as well as submissions of the parties, this anticipatory bail petition is allowed in respect of petitioner no. 2 namely, Lal Mandal, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Supaul in Supaul P.S. Case No. 815 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C. N.K/- (Prabhat Kumar Singh, J) U T