Arun Kr. Mandal @ Arna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2901 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- RAJAON District- Banka ====================================================== Arun Kr. Mandal @ Arna s/o Late Khublal Mandal Resident of VillageAlipur, P.S.-Rajoun, District-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mrs. Madhuri Lata(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in Rajoun P.S. Case No. 93/2018, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 385, 504, 506 and 34 of the Indian Penal Code. Allegation against this petitioner is of inflicting Khanti blow on the head of informant.
It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. There is land dispute between the parties. From the injury report (Annexure-2 series), it appears that injury found on the scalp of informant is simple in nature. Petitioner is in custody since 13.09.2018. Bail petition is opposed by counsel for the Informant and State. Considering the facts aforesaid, the petitioner above-
Patna High Court Cr.Misc. No.2901 of 2019(3) dt.08-02-2019 2/2 named, is directed to be enlarged 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 Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 93/2018, subject to the conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) vinita/- U T