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Patna High CourtCR. MISC./14967/2022disposed

Shankar Mandal v. The State Of Bihar

2022-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14967 of 2022 Arising Out of PS. Case No.-49 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.

SHANKAR MANDAL Son of Late Musharu Mandal Resident of VillageBathnaha, Ward No.01, P.S.- Pipra, District- Supaul 2.

Satan Mandal @ Satyanarayan Mandal Son of Debu Mandal Resident of Village- Bathnaha, Ward No.01, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, all the F.I.R. named accused persons including these petitioners alongwith 5-6 unknown persons came at the door of informant and started assaulting him. It is further alleged that on the order of coaccused Rinki Kumar, petitioner no. 2 assaulted the informant by iron rod caused injury on his head and hand, whereas petitioner no. 1 assaulted son of informant by Farsa on his head. It is submitted on behalf of petitioners that due to petty dispute, simple Maarpit took place between the parties and

Patna High Court CR. MISC. No.14967 of 2022(2) dt.23-08-2022 2/2 both sides sustained injury. There is case and counter case. Petitioners have got clean antecedent.

However, learned A.P.P. for the State opposed the prayer for bail and submitted that injury caused by petitioner no. 2 is grievous in nature.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner no. 2 (Satan Mandal) is refused.

So far as prayer for anticipatory bail of petitioner no. 1 (Shankar Mandal) is concerned, since injury caused by him is simple in nature, in the event of his arrest/surrender within a period of six weeks from today, he 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 learned A.C.J.M. - VI, Supaul in connection with Pipra P.S. Case No. 49 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. The bail application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T