Sunil Mandal @ Sunil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6786 of 2018 Arising Out of PS. Case No.-556 Year-2017 Thana- Jagdishpur District- Bhagalpur ====================================================== Sunil Mandal @ Sunil Kumar Mandal, son of Late Bachhu Mandal, Resident of Village- Tinpulia, P.S.- Jagdishpur, District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

21-02-2018 Heard Sri Manoj Kumar Jha, learned counsel for the petitioner. Learned Addl. Public Prosecutor is not present on behalf of the State.

The sole petitioner, apprehending his arrest in Jagdishpur P.S. Case No. 556 of 2017 registered for offence under Sections 341, 385, 504, 506, 307/34 of the Indian Penal Code and Section 27 Arms Act, 1959, has prayed for grant of bail in the event of his arrest or surrender.

By way of referring to Annexure 2 and 2/A to the present petition i.e. copy of F.I.Rs., it has been argued that the informant of the present case, who was sitting Mukhiya, has falsely lodged the present case only with a view to create defence in cases lodged from the petitioner's side. It has further been argued that the informant of the present case has unauthorisedly removed articles from the land of the petitioner and false case was

Patna High Court Cr.Misc. No.6786 of 2018(3) dt.21-02-2018 2/2 lodged, as if, from the petitioner's side firing was made. Besides hearing learned counsel for the petitioner, I have also perused the material on record, particularly the copy of F.I.R. i.e. Annexure 2 and 2/A i.e. Jagdishpur P.S. Case No. 557 of 2017 and Jagdishpur P.S. Case No. 558 of 2017, in which, the informant of the present case has been made accused. In view of facts and circumstances, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sunil Mandal @ Sunil Kumar Mandal 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 556 of 2017 corresponding to G.R. No. 6264 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T