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Patna High CourtCR. MISC./22040/2022partly allowed disposal

Karu Mandal v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22040 of 2022 Arising Out of PS. Case No.-318 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

KARU MANDAL Son of Late Ganeshi Mandal Resident of Village - Nawtoliya Gaurachawki, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur.

2.

Prem Chandra Mandal Son of Late Ganeshi Mandal Resident of Village - Nawtoliya Gaurachawki, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur.

3.

Kanhai Mandal Son of Late Ganeshi Mandal Resident of Village - Nawtoliya Gaurachawki, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur.

4.

Sajjo Mandal @ Sajan Mandal @ Sajan Kumar Son of Karu Mandal Resident of Village - Nawtoliya Gaurachawki, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarun Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.1. Permission is accorded.

Accordingly, the petition of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos.2, 3 and 4 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354B, 307, 427, 504 and 379 of the Indian Penal Code and Sections 3/4 of the Dayan Act.

Allegedly, it is a case of assault upon the informant and her son and also called her Dayan.

Patna High Court CR. MISC. No.22040 of 2022(2) dt.28-09-2022 2/2 It is submitted by learned counsel for the petitioner nos.2 to 4 that the petitioners have falsely been implicated in this case. He further submits that the main allegation of assaulting to Amarjeet Mandal by means of Khanti is against co-accused Karu Mandal (Petitioner no.1). General and omnibus allegation against the petitioners and there is case and counter case between the parties. Petitioner nos.2 to 4 have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Prem Chandra Mandal, Kanhai Mandal and Sajjo Mandal @ Sajan Mandal @ Sajan Kumar, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 318 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U