Arjun Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13699 of 2019 Arising Out of PS. Case No.-746 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Arjun Mandal, aged 68 Years, Male, Son of Dhibu Mandal, Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, District- Bhagalpur. 2.

Sri Ram Mandal @ Sri Ram Kumar, aged 40 Years, Male, Son of Arjun Mandal, Resident of Village- Sadanandpur Baisa, Police Station-Kahalgaon, District- Bhagalpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pravin Kumar Sinha, Advocate.

For the Opposite Party :

Mr. C. Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 325, 307, 504, 506 and 379/34 of the IPC.

The prosecution story, in brief, is that on 17.12.2018 the informant giving tuition to the student on his door. In the meantime, petitioners started abusing him in drunken state and assaulted him. They thrown the his nephew on the ground and started pressing his neck. They also assaulted his uncle with Lathi causing head injury. They also threatened his sister and took cash from his Full pant.

Patna High Court CR. MISC. No.13699 of 2019(2) dt.06-03-2019 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the I.P.C. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Kahalgaon P.S. Case No. 746 of 2018, G.R. No. 6790 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T