Shambhu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12768 of 2023 Arising Out of PS. Case No.-228 Year-2020 Thana- SUPAUL District- Supaul ====================================================== SHAMBHU MANDAL S/o Buchai Mandal R/o Village- BarailMilik (ward no. 9), P.S.- Supaul, Distt- 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. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 504, 354B, 379, 380 and 308/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, there is allegation against the petitioner that he assaulted the informant and her husband by means of Farsa and iron rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that the injury found upon the victim is simple in

Patna High Court CR. MISC. No.12768 of 2023(2) dt.19-05-2023 2/2 nature. He further submits that the occurrence took place on 21.03.2020 but the FIR lodged on 04.04.2020 after a delay of 13 days and there is no any explanation of it which creates serious doubt about prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the nature of the injury, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Supaul P.S. Case No.228/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T