Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21255 of 2023 Arising Out of PS. Case No.-131 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== Chandan Mandal, Son of Ramdeo Mandal, Resident of Village- Tillarahi P.S.- Chausa District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Chausa P.S. Case No.131 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

As per the prosecution story, the allegation against the petitioner is that he had assaulted the mother of the informant by Dabiya on her head due to which she fell down and became unconscious.

Learned counsel for the petitioner submits that the First Information Report has been lodged after five days of the alleged occurrence. Learned counsel submits that there are

Patna High Court CR. MISC. No.21255 of 2023(2) dt.24-06-2023 2/3 general and omnibus allegations against all the accused persons and the injury allegedly caused by this petitioner is said to be simple in nature.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the First Information Report has been lodged after five days of the alleged occurrence, there are general and omnibus allegations, however, the injury allegedly caused by this petitioner is said to be simple in nature and as the petitioner has otherwise no criminal antecedent, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda-kishunganj, District-Madhepura in connection with Chausa P.S. Case No. 131 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of

Patna High Court CR. MISC. No.21255 of 2023(2) dt.24-06-2023 3/3 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T