Vikku Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30690 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -ASHOK PAPER MILL District- DARBHANGA ======================================================

1. Vikku Mandal S/o Upendra Mandal Resident of village - Makhan Pur, P.S. Ashok Paper Mill, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Kumar Sinha For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant stated that when his son Deepak Kumar Choudhary, the deceased, was going to purchase medicine for animals along with Gavan Kumar Choudhary and Sunil Kumar Choudhary seven accused persons, namely, Chathu Das, Churai Das, Harideo Das, Arjun Das, Vikku Mandal, the petitioner, Sikander Das and Chhedi Das asked his son not to go ahead but when his son insisted to go ahead for purchasing medicine all the accused persons are alleged to have assaulted Deepak Kumar Choudhary with stick.

It is submitted that only two injuries, one swelling

Patna High Court Cr.Misc. No.30690 of 2015 (2) dt.13-08-2015 2/2 measuring 3" diameter was found on the right side of skull and another bruise measuring 2 1⁄2"x 2" was seen over left arm although seven accused persons are alleged to have assaulted. The informant disclosed that all the accused persons made indiscriminate assault all over the body of his son. The informant is not an eye witness of the occurrence. Other persons, namely, Sunil Kumar Choudhary and Gavan Kumar Choudhary, who are said to be accompanying the deceased, disclosed the facts to the informant.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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, Darbhanga in Ashok Paper Mill P.S. Case No. 14/2015. (Prabhat Kumar Jha, J) BKS/- U T