Lalan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21338 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Lalan Mandal Son of Thakuri Mandal Resident of Village- Pipra, P.S.- Jhajha, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Jhajha P. S. Case No. 26 of 2016 registered for the offences punishable under Sections 341, 323, 307, 353 and 324/34 of the Indian Penal Code and Section 3(i) (x) of SC & ST (POA) Act.

Learned counsel appearing on behalf of the petitioner submits that the entire allegation against the petitioner is based on vendetta and there is no such occurrence mentioned in the F.I.R. It is further submitted that there are no independent witnesses who have supported the present case that the petitioner has abused the informant by taking his cast name in public view. It is also submitted that the allegations made under

Patna High Court Cr.Misc. No.21338 of 2016 (2) dt.28-07-2016 2/2 Section 3(i) (x) of SC/ST (POA) Act against the petitioner are ornamental in nature, omnibus and misleading. Considering the aforementioned facts and circumstances, nature of allegation made against the petitioner and the petitioner has got no criminal antecedent, let the petitioner, in the event of his arrest/surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 26 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Anjana Mishra, J.) Mishra/- U T