Kuldeep Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30589 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== 1.

KULDEEP MANDAL Son of Ghosho Mandal Resident of Village - Bageshwari, P.S.- Haveli Kharagpur, District - Munger. 2.

Dinesh Mandal Son of Bhagirath Mandal Resident of Village - Bageshwari, P.S.- Haveli Kharagpur, District - Munger.

3.

Mahesh Mandal Son of Bhagirath Mandal Resident of Village - Bageshwari, P.S.- Haveli Kharagpur, District - Munger.

4.

Sudhir Mandal Son of Kuldeep Mandal Resident of Village - Bageshwari, P.S.- Haveli Kharagpur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2021 Heard learned counsel for the petitioners and learned APP for the State.

The present matter is being taken up out of turn on the mentioning slip filed on behalf of the petitioners stating therein that the brother of petitioner No. 1 has died on 22.09.2021 and there is no other family member to perform his shradh. Let the mentioning slip filed on behalf of the petitioner be kept on record.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 447, 325,

Patna High Court CR. MISC. No.30589 of 2021(2) dt.30-09-2021 2/3 379 and 504 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons came to the house of the informant and assaulted him due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IV, Munger in connection with Kharagpur P.S. Case No. 230/2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.30589 of 2021(2) dt.30-09-2021 3/3 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T