Arbind Kumar Amar @ Arbind Kumar Mandal @ Arbind Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8925 of 2015 Arising Out of PS.Case No. -6 Year- 2014 Thana -BHIMPUR District- SUPAUL ====================================================== Arbind Kumar Amar @ Arbind Kumar Mandal @ Arbind Mandal Son of Rameshwar Mandal resident of village - Bhimpur, P.S. Bhimpur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code. The informant named the petitioner and other accused persons and alleged that Arbind Kumar assaulted him with Dabiya on his head. Other accused persons are also alleged to have assaulted the informant.

It is submitted that the informant, on account of the assault made by the petitioner, got simple injuries. The petitioner was not even present at the place of occurrence. He is a Constable and he was present at the residence of the District Magistrate, Nawada, who issued a letter (Annexure-2) stating the fact that the petitioner was present on duty at his residence. The police, after investigation, submitted final form finding the allegations against

Patna High Court Cr.Misc. No.8925 of 2015 (2) dt.04-03-2015 2/2 the petitioner false, but the learned Chief Judicial Magistrate took cognizance against the petitioner.

Having considered the fact that the plea of alibi of the petitioner was accepted and the police, after investigation, found the accusations against the petitioner false, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 Sri S.C. Shrivastava, Judicial Magistrate, Supaul in Bhimpur P.S. Case No. 6/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T