Shiv Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15423 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- SANHAULA District- Bhagalpur ====================================================== 1.

Shiv Shankar Mandal, son of Sri Shri Bindeshwari Mandal, resident of Village- Bhuriya, P.S.- Sanhoulla, District- Bhagalpur. 2.

Kundan Kumar, son of Sri Bindeshwari Mandal, resident of VillageBhuriya, P.S.- Sanhoulla, District- Bhagalpur. 3.

Santosh Kumar, son of Sri Ganauri Mandal, resident of Village- Bhuriya, P.S.- Sanhoula, District- Madhubani.

4.

Umar Ansari, son of Ayub Ansari, resident of Village- Bhuriya, P.S. Sanhoula, District- Bhagalpur.

5.

Ashfaque Ansari, son of Ayub Ansari, resident of Village- Bhuriya, P.S.- Sanhoula, District- Bhagalpur.

6.

Ramji Mandal, son of Sri Kant Mandal, resident of Village- Bhuriya, P.S.- Sanhoula, District- Bhagalpur 7.

Laxman Mandal, son of Sri Kant Mandal, resident of Village- Bhuriya, P.S.- Sanhoula, District- Bhagalpur.

8.

Sanjay Mandal, son of Sri Bindeshwari Mandal, resident of VillageMaheshpur, P.S.- Pathargama, District- Godda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navjot Yeshu For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioners to make correction in the address of the petitioners.

Patna High Court CR. MISC. No.15423 of 2022(2) dt.15-09-2022 2/3 The learned counsel for the petitioners is permitted to make correction during course of the day. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 354(A), 307, 379, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that when the informant and others made protest against the present Mukhiya for distributing cash in order to polarize vote in his favour, all the accused persons assaulted the informant and others and when the wife of the informant went to his rescue, an attempt was also made to outrage her modesty.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case due to previous enmity and village politics. There is general and omnibus allegation against the petitioners. There is counter version of the occurrence also and petitioners' side also received injuries.

Patna High Court CR. MISC. No.15423 of 2022(2) dt.15-09-2022 3/3 Moreover, the injuries have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bhagalpur in connection with Sanhaulla P.S. Case No. 127 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T