Jaikant Kumar @ Jaikant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12076 of 2024 Arising Out of PS. Case No.-519 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

Jaikant Kumar @ Jaikant Mandal S/O Jogi Mandal R/O Village- Lashkari, Ps.- Rajoun, Dist.- Banka.

2.

Gautam Mandal @ Gautam Kumar S/O Jogi Mandal R/O Village- Lashkari, Ps.- Rajoun, Dist.- Banka.

3.

Uttam Mandal S/O Jogi Mandal R/O Village- Lashkari, Ps.- Rajoun, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant and the informant alleges that petitioners were draining the field of the informant and when he protested, it is alleged that Jaikant Kumar assaulted him by Khanti causing injury on his head and

Patna High Court CR. MISC. No.12076 of 2024(3) dt.24-07-2024 2/3 when brother of the informant, Lalu, intervened, he was assaulted by Gautam Mandal @ Gautam Kumar by Khanti. 4.

Learned counsel for the petitioners submits that from perusal of allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the present occurrence is alleged to have taken place wherein it is alleged that the accused persons assaulted the informant and his brother by Khanti. It is also submitted that injury has been mentioned in the impugned order but then nature of injury suffered by the injured is not recorded, but then submits that the nature of injury is simple, which amply demonstrates that the petitioners never had any intention of committing a serious occurrence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but fairly submits after perusing the case diary that the injury suffered by the injured is simple in nature.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.12076 of 2024(3) dt.24-07-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajoun P.S. Case No. 519 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T