Kundan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38315 of 2014 Arising Out of PS.Case No. -266 Year- 2013 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Kundan Mandal Son of Ashok Mandal Resident of village - Ghoraha, P.S. Goradih, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-05-2015 Heard Counsel for the petitioner and Mr. Ram Chandra Singh, learned APP for the State.

Petitioner is apprehending his arrest in connection with Jagdishpur P.S. Case No. 266 of 2013 instituted under diverse provisions of the Penal Code including Section 307 IPC. Counsel for the petitioner placed the F.I.R. in order to demonstrate that no specific role has been assigned to the petitioner save and except he assaulted the informant with lathi on his thigh. The case diary contains the injury report of the victim. Learned APP points out that the victim received an injury caused by hard blunt substance on head. There is no corresponding injury found on thigh.

Considering the fact that the allegation of fire arm injury is not assigned to the petitioner as also the fact that

Patna High Court Cr.Misc. No.38315 of 2014 (3) dt.15-05-2015 2/2 corresponding lathi injury has not been found on thigh of the victim/informant, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in Jagdishpur (Goradih) P.S. Case No. 266 of 2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T